|
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6 | 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 |
| |
| 5 |
(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 |
| |
| 10 |
(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 |
| 15 |
(b) | such longer period so starting as the CAC may specify to the |
| |
| |
(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.” |
| |
7 | Postal votes for workers absent from ballot at workplace |
| 20 |
(1) | In paragraph 25 of Schedule A1 to the 1992 Act (recognition ballots), after sub- |
| |
| |
“(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— |
| 25 |
(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 |
| |
| 30 |
| 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).” |
| 35 |
(2) | In paragraph 117 of that Schedule (derecognition ballots), after sub-paragraph |
| |
| |
“(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— |
| 40 |
(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 |
| |
| 45 |
| 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 (8) as a decision that the ballot be conducted as |
| |
mentioned in sub-paragraph (6)(c).” |
| |
8 | 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 |
| 5 |
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”)”. |
| |
9 | 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 |
| 10 |
employed) is amended in accordance with subsections (2) and (3). |
| |
(2) | In sub-paragraph (3) (notice must comply with certain requirements), before |
| |
| |
“(za) | is not invalidated by paragraph 99A,”. |
| |
(3) | In sub-paragraph (7)(a), for “100” substitute “99A”. |
| 15 |
(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 |
| 20 |
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 |
| 25 |
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 |
| 30 |
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— |
| 35 |
“(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); |
| 40 |
(b) | paragraph 99A(1) in its application to a later |
| |
notice given for the purposes of paragraph |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(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 |
| 10 |
application”), omit paragraph (a). |
| |
10 | 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 |
| 15 |
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. |
| 20 |
(4) | On an appeal under this paragraph against a demand under |
| |
paragraph 19E(3), the tribunal shall dismiss the appeal unless it is |
| |
| |
(a) | the amount specified in the demand as the costs of the |
| |
appointed person is too great, or |
| 25 |
(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— |
| 30 |
(a) | the amount specified in the demand as the gross costs of the |
| |
| |
(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 |
| 35 |
demand shall have effect as if it had originally been made as so |
| |
| |
(7) | If a person has appealed under this paragraph against a demand and |
| |
the appeal has not been withdrawn or finally determined, the |
| |
| 40 |
(a) | is not enforceable until the appeal has been withdrawn or |
| |
| |
(b) | as from the withdrawal or final determination of the appeal |
| |
shall be enforceable as if paragraph (a) had not had effect.” |
| |
|
| |
|
| |
|
11 | 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 |
| 5 |
that a provision of this Schedule has an unsatisfactory effect and |
| |
| |
(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), |
| 10 |
121(6), 166A, 169A, 169B and 171A, or |
| |
(b) | may amend the provision by order in such other way as he |
| |
| |
(2A) | The Secretary of State need not proceed in a way proposed by the |
| |
CAC (if it proposes one). |
| 15 |
(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)”. |
| |
12 | Means of communicating with workers |
| 20 |
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 |
| 25 |
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— |
| 30 |
| |
(b) | include supplementary or incidental provision (including, in |
| |
particular, provision amending paragraph 19E(1)(a), 26(6)(a) |
| |
| |
(c) | make different provision for different cases or circumstances. |
| 35 |
(5) | An order under this paragraph shall be made by statutory |
| |
| |
(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 |
| |
| 40 |
|
| |
|