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Employment Relations Act 2004

2004 CHAPTER 24

CONTENTS

Go to Preamble

  1. Part 1

    Union recognition

    1. 1. Application for decision on whether proposed bargaining unit is appropriate

    2. 2. Power of the CAC to end period for agreement on bargaining unit

    3. 3. Duty of employer to supply information to union

    4. 4. Determination of appropriate bargaining unit

    5. 5. Union communications with workers after acceptance of application

    6. 6. Circumstances in which the CAC must arrange a ballot

    7. 7. Power of the CAC to extend notification period

    8. 8. Postal votes for workers absent from ballot at workplace

    9. 9. Additional duties on employers informed of ballots

    10. 10. Unfair practices in relation to recognition ballots

    11. 11. Application where agreement does not cover pay, hours and holidays

    12. 12. Employer’s notice to end bargaining arrangements

    13. 13. Unfair practices in relation to derecognition ballots

    14. 14. Appeals against demands for costs

    15. 15. Power to amend Schedule A1 to the 1992 Act

    16. 16. Means of communicating with workers

    17. 17. Unfair practices: power to make provision about periods before notice of ballot

    18. 18. Power to make provision about effect of amalgamations etc.

    19. 19. Information about union membership and employment in bargaining unit

    20. 20. “Pay” and other matters subject to collective bargaining

    21. 21. Information required by ACAS for ballots and ascertaining union membership

  2. Part 2

    Law relating to industrial action

    1. 22. Information about employees to be balloted on industrial action

    2. 23. Entitlement to vote in ballot on industrial action

    3. 24. Inducement of members not accorded entitlement to vote

    4. 25. Information about employees to be contained in notice of industrial action

    5. 26. Dismissal where employees taking protected industrial action locked out

    6. 27. Date of dismissal

    7. 28. Dismissal after end of protected period

  3. Part 3

    Rights of trade union members, workers and employees

    1. Inducements and detriments in respect of membership etc. of independent trade union

      1. 29. Inducements relating to union membership or activities

      2. 30. Extension of protection against detriment for union membership etc.

      3. 31. Detriment for use of union services or refusal of inducement

      4. 32. Dismissal for use of union services or refusal of inducement

    2. Exclusion and expulsion from trade unions

      1. 33. Exclusion or expulsion from trade union attributable to conduct

      2. 34. Applications no longer to be made to Employment Appeal Tribunal

    3. Other rights of workers and employees

      1. 35. Disapplication of qualifying period and upper age limit for unfair dismissal

      2. 36. National security: powers of employment tribunals

      3. 37. Role of companion at disciplinary or grievance hearing

      4. 38. Extension of jurisdiction of Employment Appeal Tribunal

      5. 39. Ways in which provision conferring rights on individuals may be made

      6. 40. Protection of employees in respect of jury service

      7. 41. Flexible working

      8. 42. Information and consultation: Great Britain

      9. 43. Information and consultation: Northern Ireland

  4. Part 4

    Enforcement of minimum wage legislation

    1. 44. Information supplied by worker and employer

    2. 45. Enforcement notices

    3. 46. Withdrawal and replacement of, and appeals against, notices

    4. 47. Enforcement officers for agricultural wages legislation

  5. Part 5

    The Certification Officer

    1. 48. Striking out by Certification Officer of applications or complaints

    2. 49. Restriction of proceedings orders: proceedings before Certification Officer

    3. 50. Amalgamations: approval, listing and certification

    4. 51. Restriction of grounds of appeal from Certification Officer

  6. Part 6

    Miscellaneous

    1. 52. Additional case in which election for president of union not required

    2. 53. Removal of rule preventing appointment of body corporate as auditor

    3. 54. Means of voting in ballots and elections

    4. 55. Provision of money for trade union modernisation

  7. Part 7

    Supplementary provisions

    1. 56. Meaning of “the 1992 Act”

    2. 57. Minor and consequential amendments and repeals

    3. 58. Corresponding provision for Northern Ireland

    4. 59. Citation, commencement and extent

    1. Schedule 1

      Minor and consequential amendments

    2. Schedule 2

      Repeals

An Act to amend the law relating to the recognition of trade unions and the taking of industrial action; to make provision about means of voting in ballots under the Trade Union and Labour Relations (Consolidation) Act 1992; to amend provisions of that Act relating to rights of members and non-members of trade unions and to make other provision about rights of trade union members, employees and workers; to make further provision concerning the enforcement of legislation relating to minimum wages; to make further provision about proceedings before and appeals from the Certification Officer; to make further provision about the amalgamation of trade unions; to make provision facilitating the administration of trade unions and the carrying out by them of their functions; and for connected purposes.

[16th September 2004]

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:—

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