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Session 1998-99
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Employment Relations Bill





Amend the law relating to employment, to trade unions and to employment agencies and businesses.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Trade unions
Collective bargaining: recognition.     1. - (1) The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.
      (2) After Chapter V of Part I (rights of trade union members) there shall be inserted-
Recognition of trade unions.     70A. Schedule A1 shall have effect."
      (3) Immediately before Schedule 1 there shall be inserted the Schedule set out in Schedule 1 to this Act.
Detriment related to trade union membership.     2. Schedule 2 shall have effect.
Blacklists.     3. - (1) The Secretary of State may make regulations prohibiting the compilation of lists which-
    (a) contain details of members of trade unions or persons who have taken part in the activities of trade unions, and
    (b) are compiled with a view to being used by employers or employment agencies for the purposes of recruitment.
      (2) The Secretary of State may make regulations prohibiting-
    (a) the use of lists to which subsection (1) applies;
    (b) the sale or supply of lists to which subsection (1) applies.
      (3) Regulations under this section may, in particular-
    (a) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;
    (b) create criminal offences;
    (c) in specified cases or circumstances, extend liability for a criminal offence created under paragraph (b) to a person who aids the commission of the offence or to a person who is an agent, principal, employee, employer or officer of a person who commits the offence;
    (d) provide for specified obligations or offences not to apply in specified circumstances;
    (e) include supplemental, incidental, consequential and transitional provision, including provision amending an enactment;
    (f) make different provision for different cases or circumstances.
      (4) Regulations under this section creating an offence may not provide for it to be punishable-
    (a) by imprisonment,
    (b) by a fine in excess of level 5 on the standard scale in the case of an offence triable only summarily, or
    (c) by a fine in excess of the statutory maximum in the case of summary conviction for an offence triable either way.
      (5) In this section "list" includes any index or other set of items whether recorded electronically or by any other means.
      (6) Expressions used in this section and in the Trade Union and Labour Relations (Consolidation) Act 1992 have the same meaning in this section as in that Act.
Ballots and notices.     4. Schedule 3 shall have effect.
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