Employment Relations Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Employment Relations Bill

Employment Relations Bill
Part 1 — Union recognition
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Power of the CAC to extend notification period
In paragraph 24 of Schedule A1 to the 1992 Act (notification to halt
arrangements for ballot), for sub-paragraph (5) substitute—
     “(5)
The notification period is, in relation to notification by the union (or
unions)—
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(a)
the period of 10 working days starting with the day on which
the union (or last of the unions) receives the CAC’s notice
under paragraph 22(3) or 23(2), or
(b)
such longer period so starting as the CAC may specify to the
parties by notice.
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      (6)
The notification period is, in relation to notification by the union (or
unions) and the employer—
(a)
the period of 10 working days starting with the day on which
the last of the parties receives the CAC’s notice under
paragraph 22(3) or 23(2), or
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(b)
such longer period so starting as the CAC may specify to the
parties by notice.
      (7)
The CAC may give a notice under sub-paragraph (5)(b) or (6)(b) only
if the parties have applied jointly to it for the giving of such a notice.”
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Postal votes for workers absent from ballot at workplace
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(1)
In paragraph 25 of Schedule A1 to the 1992 Act (recognition ballots), after sub-
paragraph (6) insert—
“(6A)
If the CAC decides that the ballot must (in whole or in part) be
conducted at a workplace (or workplaces), it may require
arrangements to be made for workers—
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(a)
who (but for the arrangements) would be prevented by the
CAC’s decision from voting by post, and
(b)
who are unable, for reasons relating to those workers as
individuals, to cast their votes in the ballot at the workplace
(or at any of them),
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to be given the opportunity (if they request it far enough in advance
of the ballot for this to be practicable) to vote by post; and the CAC’s
imposing such a requirement is not to be treated for the purposes of
sub-paragraph (6) as a decision that the ballot be conducted as
mentioned in sub-paragraph (4)(c).”
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(2)
In paragraph 117 of that Schedule (derecognition ballots), after sub-paragraph
(8) insert—
“(8A)
If the CAC decides that the ballot must (in whole or in part) be
conducted at a workplace (or workplaces), it may require
arrangements to be made for workers—
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(a)
who (but for the arrangements) would be prevented by the
CAC’s decision from voting by post, and
(b)
who are unable, for reasons relating to those workers as
individuals, to cast their votes in the ballot at the workplace
(or at any of them),
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to be given the opportunity (if they request it far enough in advance
of the ballot for this to be practicable) to vote by post; and the CAC’s
imposing such a requirement is not to be treated for the purposes of

Employment Relations Bill
Part 1 — Union recognition
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sub-paragraph (8) as a decision that the ballot be conducted as
mentioned in sub-paragraph (6)(c).”
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Application where agreement does not cover pay, hours and holidays
In each of paragraphs 35(2)(b) and 44(2)(b) of Schedule A1 to the 1992 Act
(application neither inadmissible nor invalid by reason of existing agreement
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if the agreement does not include certain matters) for “pay, hours or holidays”
substitute “all of the following: pay, hours and holidays (“the core topics”)”.
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Employer’s notice to end bargaining arrangements
(1)
Paragraph 99 of Schedule A1 to the 1992 Act (employer’s notice to bring
bargaining arrangements to an end on grounds that fewer than 21 workers
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employed) is amended in accordance with subsections (2) and (3).
(2)
In sub-paragraph (3) (notice must comply with certain requirements), before
paragraph (a) insert—
“(za)
is not invalidated by paragraph 99A,”.
(3)
In sub-paragraph (7)(a), for “100” substitute “99A”.
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(4)
After paragraph 99 of that Schedule insert—
“99A (1)
A notice given for the purposes of paragraph 99(2) (“the notice in
question”) is invalidated by this paragraph if—
(a)
a relevant application was made, or an earlier notice under
paragraph 99(2) was given, within the period of 3 years prior
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to the date when the notice in question was given,
(b)
the relevant application, or that earlier notice, and the notice
in question relate to the same bargaining unit, and
(c)
the CAC accepted the relevant application or (as the case may
be) decided under paragraph 100 that the earlier notice under
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paragraph 99(2) complied with paragraph 99(3).
      (2)
A relevant application is an application made to the CAC—
(a)
by the employer under paragraph 106, 107 or 128, or
(b)
by a worker (or workers) under paragraph 112.”
(5)
In paragraph 100(1) of that Schedule (the CAC must decide whether notice
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complies with paragraph 99(3)), at the beginning insert “If an employer gives
notice for the purposes of paragraph 99(2),”.
(6)
In paragraph 101 of that Schedule (union’s application to challenge employer’s
notice under paragraph 99), omit sub-paragraphs (4) and (5).
(7)
In paragraph 103 of that Schedule, after sub-paragraph (3) insert—
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“(3A)
Sub-paragraph (3) does not prevent the notice from
being treated for the purposes of the provisions
mentioned in sub-paragraph (3B) as having been given.
(3B)
Those provisions are—
(a)
paragraphs 109(1), 113(1) and 130(1);
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(b)
paragraph 99A(1) in its application to a later
notice given for the purposes of paragraph
99(2).”

Employment Relations Bill
Part 1 — Union recognition
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(8)
In sub-paragraph (1) of each of paragraphs 109, 113 and 130 of that Schedule
(bar on applications for ending bargaining arrangements if relevant
application made within previous 3 years)—
(a)
in paragraph (a), after “was made” insert “, or a notice under paragraph
99(2) was given,”;
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(b)
in paragraph (b), after “the relevant application” insert “, or notice
under paragraph 99(2),”; and
(c)
in paragraph (c), at the end insert “or (as the case may be) decided
under paragraph 100 that the notice complied with paragraph 99(3)”.
(9)
In sub-paragraph (2) of each of those paragraphs (meaning of “relevant
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application”), omit paragraph (a).
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Appeals against demands for costs
In Part 9 of Schedule A1 to the 1992 Act, before paragraph 166 (and before the
cross-heading immediately preceding that paragraph) insert—
“Rights of appeal against demands for costs
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165A  (1)
This paragraph applies where a demand has been made under
paragraph 19E(3), 28(4) or 120(4).
      (2)
The recipient of the demand may appeal against the demand within
4 weeks starting with the day after receipt of the demand.
      (3)
An appeal under this paragraph lies to an employment tribunal.
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      (4)
On an appeal under this paragraph against a demand under
paragraph 19E(3), the tribunal shall dismiss the appeal unless it is
shown that—
(a)
the amount specified in the demand as the costs of the
appointed person is too great, or
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(b)
the amount specified in the demand as the amount of those
costs to be borne by the recipient is too great.
      (5)
On an appeal under this paragraph against a demand under
paragraph 28(4) or paragraph 120(4), the tribunal shall dismiss the
appeal unless it is shown that—
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(a)
the amount specified in the demand as the gross costs of the
ballot is too great, or
(b)
the amount specified in the demand as the amount of the
gross costs to be borne by the recipient is too great.
      (6)
If an appeal is allowed, the tribunal shall rectify the demand and the
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demand shall have effect as if it had originally been made as so
rectified.
      (7)
If a person has appealed under this paragraph against a demand and
the appeal has not been withdrawn or finally determined, the
demand—
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(a)
is not enforceable until the appeal has been withdrawn or
finally determined, but
(b)
as from the withdrawal or final determination of the appeal
shall be enforceable as if paragraph (a) had not had effect.”

Employment Relations Bill
Part 1 — Union recognition
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Power to amend Schedule A1 to the 1992 Act
(1)
Paragraph 166 of Schedule A1 to the 1992 Act (power of Secretary of State to
amend that Schedule) is amended as follows.
(2)
For sub-paragraphs (1) and (2) substitute—
     “(1)
This paragraph applies if the CAC represents to the Secretary of State
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that a provision of this Schedule has an unsatisfactory effect and
should be amended.
      (2)
The Secretary of State, with a view to rectifying the effect—
(a)
may amend the provision by exercising (if applicable) any of
the powers conferred on him by paragraphs 7(6), 29(5),
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121(6), 166A, 169A, 169B and 171A, or
(b)
may amend the provision by order in such other way as he
thinks fit.
     (2A)
The Secretary of State need not proceed in a way proposed by the
CAC (if it proposes one).
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     (2B)
Nothing in this paragraph prevents the Secretary of State from
exercising any of the powers mentioned in sub-paragraph (2)(a) in
the absence of a representation from the CAC.”
(3)
In sub-paragraph (3), for “this paragraph” substitute “sub-paragraph (2)(b)”.
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Means of communicating with workers
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After paragraph 166 of Schedule A1 to the 1992 Act insert—
“166A (1)
This paragraph applies in relation to any provision of paragraph
19D(2), 26(4) or 118(4) which requires the employer to give to the
CAC a worker’s home address.
      (2)
The Secretary of State may by order provide that the employer must
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give to the CAC (in addition to the worker’s home address) an
address of a specified kind for the worker.
      (3)
In this paragraph “address” includes any address or number to
which information may be sent by any means.
      (4)
An order under this paragraph may—
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(a)
amend this Schedule;
(b)
include supplementary or incidental provision (including, in
particular, provision amending paragraph 19E(1)(a), 26(6)(a)
or 118(6)(a));
(c)
make different provision for different cases or circumstances.
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      (5)
An order under this paragraph shall be made by statutory
instrument.
      (6)
No such order shall be made unless a draft of it has been laid before
Parliament and approved by a resolution of each House of
Parliament.”
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