Employment Relations Bill

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Session 2003 - 04
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Employment Relations Bill

Employment Relations Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department of Trade and Industry, will
be published separately as EN—7.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Ms Secretary Hewitt has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Employment Relations Bill are compatible with the
Convention rights.

Bill 7 53/3

Employment Relations Bill

Contents
Part 1
Union recognition
1
Application for decision on whether proposed bargaining unit is appropriate
2
Power of the CAC to end period for agreement on bargaining unit
3
Duty of employer to supply information to union
4
Determination of appropriate bargaining unit
5
Union communications with workers after acceptance of application
6
Power of the CAC to extend notification period
7
Postal votes for workers absent from ballot at workplace
8
Application where agreement does not cover pay, hours and holidays
9
Employer’s notice to end bargaining arrangements
10
Appeals against demands for costs
11
Power to amend Schedule A1 to the 1992 Act
12
Means of communicating with workers
13
Power to make provision about effect of amalgamations etc.
14
Information about union membership and employment in bargaining unit
15
“Pay” and other matters subject to collective bargaining
16
Information required by ACAS for ballots and ascertaining union
membership
Part 2
Law relating to industrial action
17
Information about employees to be balloted on industrial action
18
Entitlement to vote in ballot on industrial action
19
Inducement of members not accorded entitlement to vote
20
Information about employees to be contained in notice of industrial action
21
Dismissal where employees taking protected industrial action locked out
22
Date of dismissal

Bill 7 53/3

Employment Relations Bill
iv

Part 3
Rights of trade union members, workers and employees
Inducements and detriments in respect of membership etc. of independent trade union
23
Inducements relating to union membership or activities
24
Extension of protection against detriment for union membership etc.
25
Detriment for use of union services or refusal of inducement
26
Dismissal for use of union services or refusal of inducement
Other rights of workers and employees
27
Role of companion at disciplinary or grievance hearing
28
Extension of jurisdiction of Employment Appeal Tribunal
29
Ways in which provision conferring rights on individuals may be made
30
Flexible working
31
Information and consultation
Part 4
Enforcement of minimum wage legislation
32
Information supplied by worker and employer
33
Enforcement notices
34
Enforcement officers for agricultural wages legislation
Part 5
The Certification Officer
35
Striking out by Certification Officer of applications or complaints
36
Restriction of proceedings orders: proceedings before Certification Officer
37
Amalgamations: approval, listing and certification
38
Restriction of grounds of appeal from Certification Officer
Part 6
Miscellaneous
39
Additional case in which election for president of union not required
40
Removal of rule preventing appointment of body corporate as auditor
41
Means of voting in ballots and elections
Part 7
Supplementary provisions
42
Meaning of “the 1992 Act”
43
Minor and consequential amendments and repeals
44
Corresponding provision for Northern Ireland
45
Citation, commencement and extent

Employment Relations Bill
v

Schedule 1   —
Minor and consequential amendments
Schedule 2   —
Repeals

© Parliamentary copyright 2003
Revised 2 December 2003