Employment Relations Bill

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House of Lords

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, are
published separately as HL Bill 54—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord Sainsbury of Turville 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.

HL Bill 54 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
Additional duties on employers informed of ballots
9
Unfair practices in relation to recognition ballots
10
Application where agreement does not cover pay, hours and holidays
11
Employer’s notice to end bargaining arrangements
12
Unfair practices in relation to derecognition ballots
13
Appeals against demands for costs
14
Power to amend Schedule A1 to the 1992 Act
15
Means of communicating with workers
16
Unfair practices: power to make provision about periods before notice of
ballot
17
Power to make provision about effect of amalgamations etc.
18
Information about union membership and employment in bargaining unit
19
“Pay” and other matters subject to collective bargaining
20
Information required by ACAS for ballots and ascertaining union
membership
Part 2
Law relating to industrial action
21
Information about employees to be balloted on industrial action
22
Entitlement to vote in ballot on industrial action
23
Inducement of members not accorded entitlement to vote
24
Information about employees to be contained in notice of industrial action
25
Dismissal where employees taking protected industrial action locked out
26
Date of dismissal
27
Dismissal after end of protected period

HL Bill 54 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
28
Inducements relating to union membership or activities
29
Extension of protection against detriment for union membership etc.
30
Detriment for use of union services or refusal of inducement
31
Dismissal for use of union services or refusal of inducement
Exclusion and expulsion from trade unions
32
Exclusion or expulsion from trade union attributable to conduct
33
Applications no longer to be made to Employment Appeal Tribunal
Other rights of workers and employees
34
Disapplication of qualifying period and upper age limit for unfair dismissal
35
Role of companion at disciplinary or grievance hearing
36
Extension of jurisdiction of Employment Appeal Tribunal
37
Ways in which provision conferring rights on individuals may be made
38
Flexible working
39
Information and consultation: Great Britain
40
Information and consultation: Northern Ireland
Part 4
Enforcement of minimum wage legislation
41
Information supplied by worker and employer
42
Enforcement notices
43
Enforcement officers for agricultural wages legislation
Part 5
The Certification Officer
44
Striking out by Certification Officer of applications or complaints
45
Restriction of proceedings orders: proceedings before Certification Officer
46
Amalgamations: approval, listing and certification
47
Restriction of grounds of appeal from Certification Officer
Part 6
Miscellaneous
48
Additional case in which election for president of union not required
49
Removal of rule preventing appointment of body corporate as auditor
50
Means of voting in ballots and elections
51
Provision of money for trade union modernisation

Employment Relations Bill
v

Part 7
Supplementary provisions
52
Meaning of “the 1992 Act”
53
Minor and consequential amendments and repeals
54
Corresponding provision for Northern Ireland
55
Citation, commencement and extent
Schedule 1   —
Minor and consequential amendments
Schedule 2   —
Repeals

© Parliamentary copyright 2004
Revised 31 March 2004