"the Department" means the Department for Employment and Learning;

"the Employment Rights Order" means the Employment Rights (Northern Ireland) Order 1996 (NI 16);

"the 1992 Order" means the Industrial Relations (Northern Ireland) Order 1992 (NI 5);

"the 1995 Order" means the Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12).

" (c) containing - 


(i) the lists mentioned in paragraph (2A) and the figures mentioned in paragraph (2B), together with an explanation of how those figures were arrived at, or

(ii) where some or all of the employees concerned are employees from whose wages the employer makes deductions representing payments to the union, either those lists and figures and that explanation or the information mentioned in paragraph (2C)."

    (4) After paragraph (2) insert - 

    " (2A) The lists are - 


(a) a list of the categories of employee to which the employees concerned belong, and

(b) a list of the workplaces at which the employees concerned work.



    (2B) The figures are - 



(a) the total number of employees concerned,

(b) the number of the employees concerned in each of the categories in the list mentioned in paragraph (2A)(a), and

(c) the number of the employees concerned who work at each workplace in the list mentioned in paragraph (2A)(b).



    (2C) The information referred to in paragraph (2)(c)(ii) is such information as will enable the employer readily to deduce - 



(a) the total number of employees concerned,

(b) the categories of employee to which the employees concerned belong and the number of the employees concerned in each of those categories, and

(c) the workplaces at which the employees concerned work and the number of them who work at each of those workplaces.



    (2D) The lists and figures supplied under this Article, or the information mentioned in paragraph (2C) that is so supplied, must be as accurate as is reasonably practicable in the light of the information in the possession of the union at the time when it complies with paragraph (1)(a).

    (2E) For the purposes of paragraph (2D) information is in the possession of the union if it is held, for union purposes - 



(a) in a document, whether in electronic form or any other form, and

(b) in the possession or under the control of an officer or employee of the union.



    (2F) The sample voting paper referred to in sub-paragraph (b) of paragraph (1) is - 



(a) a sample of the form of voting paper which is to be sent to the employees concerned, or

(b) where the employees concerned are not all to be sent the same form of voting paper, a sample of each form of voting paper which is to be sent to any of them.



    (2G) Nothing in this Article requires a union to supply an employer with the names of the employees concerned.

    (2H) In this Article references to the "employees concerned" are references to those employees of the employer in question who the union reasonably believes will be entitled to vote in the ballot.

    (2I) For the purposes of this Article, the workplace at which an employee works is - 



(a) in relation to an employee who works at or from a single set of premises, those premises, and

(b) in relation to any other employee, the premises with which his employment has the closest connection.".

(a) for "employee's" substitute "worker's"; and

(b) after "contract of employment" insert "(or other contract personally to do work or perform services)".

    (4) In paragraph (3), for "his contract of employment" substitute "a contract of employment".

    (5) For paragraph (6) substitute - 

    " (6) This Article does not apply where - 


(a) the worker is an employee; and

(b) the detriment in question amounts to dismissal.



    (7) In this Chapter - 



"worker" means an individual who works, or normally works as mentioned in paragraphs (a) to (c) of the definition of "worker" in Article 2(2) of the 1995 Order; and
"employer" means - 
(a) in relation to a worker, the person for whom he works;

(b) in relation to a former worker, the person for whom he worked.".

    (6) In the heading to Article 73 of the Employment Rights Order, and in the Chapter heading immediately preceding it, for "Action short of dismissal" substitute "Detriment".

    (7) In Article 74(1) of the Employment Rights Order, for "An employee" substitute "A worker or former worker".

    (8) In Article 247 of the Employment Rights Order after paragraph (2) insert - 

    " (2A) The remedy of a person for infringement of the right conferred on him by Article 73 is by way of a complaint under Article 74 and not otherwise.".

    " (4) For the purposes of paragraph (2)(d) "excluded conduct", in relation to an individual, means - 


(a) conduct which consists in his being or ceasing to be, or having been or ceased to be, a member of another trade union,

(b) conduct which consists in his being or ceasing to be, or having been or ceased to be, employed by a particular employer or at a particular place, or

(c) conduct to which Article 32 (conduct for which an individual may not be disciplined by a union) applies or would apply if the references in that Article to the trade union which is relevant for the purposes of that Article were references to any trade union.



    (4A) For the purposes of paragraph (2)(d) "protected conduct" is conduct which consists in the individual's being or ceasing to be, or having been or ceased to be, a member of a political party.".

    (4) In Article 40 of that Order (remedies for infringement of right not to be expelled), after paragraph (1) insert - 

    " (1A) If a tribunal makes a declaration under paragraph (1) and it appears to the tribunal that the expulsion was mainly attributable to conduct falling within Article 38(4A) it shall make a declaration to that effect.

    (1B) If a tribunal makes a declaration under paragraph (1A) and it appears to the tribunal that the other conduct to which the expulsion was attributable consisted wholly or mainly of conduct of the complainant which was contrary to - 


(a) a rule of the union, or

(b) an objective of the union,



it shall make a declaration to that effect."

    (1C) For the purposes of paragraph (1B), it is immaterial whether the complainant was a member of the union at the time of the conduct contrary to the rule or objective.

    (1D) A declaration by virtue of paragraph (1B)(b) shall not be made unless the union shows that, at the time of the conduct of the complainant which was contrary to the objective in question, it was reasonably practicable for that objective to be ascertained - 



(a) if the complainant was not at that time a member of the union, by a member of the general public, and

(b) if he was at that time a member of the union, by a member of the union."

    (5) In paragraph (3)(a) of that Article, after "declaration" insert "under paragraph (1)".

    (6) In paragraph (6) of that Article the words from "and, in a case" to the end shall cease to have effect.

    (7) For paragraph (7) of that Article substitute - 

    " (7) If on the date on which the application was made the applicant had not been re-admitted to the union, the award shall not be less than £5,900.

    (8) Paragraph (7) does not apply in a case where the tribunal which made the declaration under paragraph (1) also made declarations under paragraphs (1A) and (1B).".

    " (2A) Where this Article applies, the employer must permit the worker to be accompanied at the hearing by one companion who - 


(a) is chosen by the worker; and

(b) is within paragraph (3).



    (2B) The employer must permit the worker's companion to - 



(a) address the hearing in order to do any or all of the following - 


(i) put the worker's case;

(ii) sum up that case;

(iii) respond on the worker's behalf to any view expressed at the hearing;



(b) confer with the worker during the hearing.



    (2C) Paragraph (2B) does not require the employer to permit the worker's companion to - 



(a) answer questions on behalf of the worker;

(b) address the hearing if the worker indicates at it that he does not wish his companion to do so; or

(c) use the powers conferred by that paragraph in a way that prevents the employer from explaining his case or prevents any other person at the hearing from making his contribution to it.".

    (2) In Article 13(1) of that Order (complaint to industrial tribunal), for "12(2)" substitute "12(2A), (2B)".

    (3) In Article 14 of that Order (right not to be subjected to a detriment or dismissal) - 

(a) in paragraphs (1)(a) and (3)(a) for "12(2)" substitute "12(2A), (2B)"; and

(b) after paragraph (6) add - 

    " (7) References in this Article to a worker having accompanied or sought to accompany another worker include references to his having exercised or sought to exercise any of the powers conferred by Article 12(2A) or (2B).".

" (a) whether the proposed bargaining unit is appropriate;".

    (2) In paragraph 12(2) of that Schedule (application to the Court where negotiations with employer fail), for paragraph (a) substitute - 

" (a) whether the proposed bargaining unit is appropriate;".


Power of the Court to end period for agreement on bargaining unit

     2.  - (1) Paragraph 18 of Schedule 1A to the 1995 Order (appropriate bargaining unit) is amended as follows.

    (2) In sub-paragraph (2), after "is" insert "(subject to any notice under sub-paragraph (3), (4) or (5))".

    (3) After that sub-paragraph add - 

    " (3) If, during the appropriate period, the Court concludes that there is no reasonable prospect of the parties' agreeing an appropriate bargaining unit before the time when (apart from this sub-paragraph) the appropriate period would end, the Court may, by a notice given to the parties, declare that the appropriate period ends with the date of the notice.

    (4) If, during the appropriate period, the parties apply to the Court for a declaration that the appropriate period is to end with a date (specified in the application) which is earlier than the date with which it would otherwise end, the Court may, by a notice given to the parties, declare that the appropriate period ends with the specified date.

    (5) If the Court has declared under sub-paragraph (4) that the appropriate period ends with a specified date, it may before that date by a notice given to the parties specify a later date with which the appropriate period ends.

    (6) A notice under sub-paragraph (3) must contain reasons for reaching the conclusion mentioned in that sub-paragraph.

    (7) A notice under sub-paragraph (5) must contain reasons for the extension of the appropriate period.".

     " 18A.  - (1) This paragraph applies if the Court accepts an application under paragraph 11(2) or 12(2).

    (2) Within 5 working days starting with the day after that on which the Court gives the employer notice of acceptance of the application, the employer must supply the following information to the union (or unions) and the Court - 


(a) a list of the categories of worker in the proposed bargaining unit,

(b) a list of the workplaces at which the workers in the proposed bargaining unit work, and

(c) the number of workers the employer reasonably believes to be in each category at each workplace.



    (3) The lists and numbers supplied under this paragraph must be as accurate as is reasonably practicable in the light of the information in the possession of the employer at the time when he complies with sub-paragraph (2).

    (4) The lists and numbers supplied to the union (or unions) and to the Court must be the same.

    (5) For the purposes of this paragraph, the workplace at which a worker works is - 



(a) if the person works at or from a single set of premises, those premises, and

(b) in any other case, the premises with which the worker's employment has the closest connection.".


Determination of appropriate bargaining unit

     4. For paragraph 19 of Schedule 1A to the 1995 Order substitute - 

     " 19.  - (1) This paragraph applies if - 


(a) the Court accepts an application under paragraph 11(2) or 12(2),

(b) the parties have not agreed an appropriate bargaining unit at the end of the appropriate period (defined by paragraph 18), and

(c) at the end of that period either no request under paragraph 19A(1)(b) has been made or such a request has been made but the condition in paragraph 19A(1)(c) has not been met.



    (2) Within the decision period, the Court must decide whether the proposed bargaining unit is appropriate.

    (3) If the Court decides that the proposed bargaining unit is not appropriate, it must also decide within the decision period a bargaining unit which is appropriate.

    (4) The decision period is - 



(a) the period of 10 working days starting with the day after that with which the appropriate period ends, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.



     19A.  - (1) This paragraph applies if - 



(a) the Court accepts an application under paragraph 11(2) or 12(2),

(b) during the appropriate period (defined by paragraph 18), the Court is requested by the union (or unions) to make a decision under this paragraph, and

(c) the Court is, either at the time the request is made or at a later time during the appropriate period, of the opinion that the employer has failed to comply with the duty imposed by paragraph 18A.



    (2) Within the decision period, the Court must decide whether the proposed bargaining unit is appropriate.

    (3) If the Court decides that the proposed bargaining unit is not appropriate, it must also decide within the decision period a bargaining unit which is appropriate.

    (4) The decision period is - 



(a) the period of 10 working days starting with the day after the day on which the request is made, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.



     19B.  - (1) This paragraph applies if the Court has to decide whether a bargaining unit is appropriate for the purposes of paragraph 19(2) or (3) or 19A(2) or (3).

    (2) The Court must take these matters into account - 



(a) the need for the unit to be compatible with effective management;

(b) the matters listed in sub-paragraph (3), so far as they do not conflict with that need.



    (3) The matters are - 



(a) the views of the employer and of the union (or unions);

(b) existing national and local bargaining arrangements;

(c) the desirability of avoiding small fragmented bargaining units within an undertaking;

(d) the characteristics of workers falling within the bargaining unit under consideration and of any other employees of the employer whom the Court considers relevant;

(e) the location of workers.



    (4) In taking an employer's views into account for the purpose of deciding whether the proposed bargaining unit is appropriate, the Court must take into account any view the employer has about any other bargaining unit that he considers would be appropriate.

    (5) The Court must give notice of its decision to the parties.".

" Union communications with workers after acceptance of application
     19C.  - (1) This paragraph applies if the Court accepts an application under paragraph 11(2) or 12(2) or (4).

    (2) The union (or unions) may apply to the Court for the appointment of a suitable independent person to handle communications during the initial period between the union (or unions) and the relevant workers.

    (3) In the case of an application under paragraph 11(2) or 12(2), the relevant workers are - 


(a) in relation to any time before an appropriate bargaining unit is agreed by the parties or decided by the Court, those falling within the proposed bargaining unit, and

(b) in relation to any time after an appropriate bargaining unit is so agreed or decided, those falling within the bargaining unit agreed or decided upon.



    (4) In the case of an application under paragraph 12(4), the relevant workers are those falling within the bargaining unit agreed by the parties.

    (5) The initial period is the period starting with the day on which the Court informs the parties under sub-paragraph (7)(b) and ending with the first day on which any of the following occurs - 



(a) the application under paragraph 11 or 12 is withdrawn;

(b) the Court gives notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

(c) the Court notifies the union (or unions) of a declaration issued under paragraph 19F(5) or 22(2);

(d) the Court informs the union (or unions) under paragraph 25(9) of the name of the person appointed to conduct a ballot.



    (6) A person is a suitable independent person if - 



(a) he satisfies such conditions as may be specified for the purposes of paragraph 25(7)(a) by an order under that provision, or is himself specified for those purposes by such an order, and

(b) there are no grounds for believing either that he will carry out any functions arising from his appointment otherwise than competently or that his independence in relation to those functions might reasonably be called into question.



    (7) On an application under sub-paragraph (2) the Court must as soon as reasonably practicable - 



(a) make such an appointment as is mentioned in that sub-paragraph, and

(b) inform the parties of the name of the person appointed and the date of his appointment.



    (8) The person appointed by the Court is referred to in paragraphs 19D and 19E as "the appointed person".

     19D.  - (1) An employer who is informed by the Court under paragraph 19C(7)(b) must comply with the following duties (so far as it is reasonable to expect him to do so).

    (2) The duties are - 



(a) to give to the Court, within the period of 10 working days starting with the day after that on which the employer is informed under paragraph 19C(7)(b), the names and home addresses of the relevant workers;

(b) if the relevant workers change as a result of an appropriate bargaining unit being agreed by the parties or decided by the Court, to give to the Court, within the period of 10 working days starting with the day after that on which the bargaining unit is agreed or the Court's decision is notified to the employer, the names and home addresses of those who are now the relevant workers;

(c) to give to the Court, as soon as reasonably practicable, the name and home address of any worker who joins the bargaining unit after the employer has complied with paragraph (a) or (b);

(d) to inform the Court, as soon as reasonably practicable, of any worker whose name has been given to the Court under paragraph (a), (b) or (c) and who ceases to be a relevant worker (otherwise than by reason of a change mentioned in paragraph (b)).



    (3) Nothing in sub-paragraph (2) requires the employer to give information to the Court after the end of the initial period.

    (4) As soon as reasonably practicable after the Court receives any information under sub-paragraph (2), it must pass it on to the appointed person.

     19E.  - (1) During the initial period, the appointed person must if asked to do so by the union (or unions) send to any worker - 



(a) whose name and home address have been passed on to him under paragraph 19D(4), and

(b) who is (so far as the appointed person is aware) still a relevant worker,



any information supplied by the union (or unions) to the appointed person.

    (2) The costs of the appointed person shall be borne - 



(a) if the application under paragraph 19C was made by one union, by the union, and

(b) if that application was made by more than one union, by the unions in such proportions as they jointly indicate to the appointed person or, in the absence of such an indication, in equal shares.



    (3) The appointed person may send to the union (or each of the unions) a demand stating his costs and the amount of those costs to be borne by the recipient.

    (4) In such a case the recipient must pay the amount stated to the person sending the demand and must do so within the period of 15 working days starting with the day after that on which the demand is received.

    (5) If the amount stated is not paid in accordance with sub-paragraph (4) it shall, if a county court so orders, be recoverable by execution issued from that court or otherwise as if it were payable under an order of that court.

    (6) Where an amount is recoverable under sub-paragraph (5) execution may be carried out, to the same extent and in the same manner as if the union were a body corporate, against any property held in trust for the union other than protected property as defined in Article 23(2) of the 1992 Order.

    (7) References to the costs of the appointed person are to - 



(a) the costs wholly, exclusively and necessarily incurred by the appointed person in connection with handling during the initial period communications between the union (or unions) and the relevant workers,

(b) such reasonable amount as the appointed person charges for his services, and

(c) such other costs as the union (or unions) agree.



     19F.  - (1) If the Court is satisfied that the employer has failed to fulfil a duty mentioned in paragraph 19D(2), and the initial period has not yet ended, the Court may order the employer - 



(a) to take such steps to remedy the failure as the Court considers reasonable and specifies in the order, and

(b) to do so within such period as the Court considers reasonable and specifies in the order;



and in this paragraph a "remedial order" means an order under this sub-paragraph.

    (2) If the Court is satisfied that the employer has failed to comply with a remedial order and the initial period has not yet ended, the Court must as soon as reasonably practicable notify the employer and the union (or unions) that it is satisfied that the employer has failed to comply.

    (3) A remedial order and a notice under sub-paragraph (2) must draw the recipient's attention to the effect of sub-paragraphs (4) and (5).

    (4) Sub-paragraph (5) applies if - 



(a) the Court is satisfied that the employer has failed to comply with a remedial order,

(b) the parties have agreed an appropriate bargaining unit or the Court has decided an appropriate bargaining unit,

(c) in the case of an application under paragraph 11(2) or 12(2), the Court, if required to do so, has decided under paragraph 20 that the application is not invalid, and

(d) the initial period has not yet ended.



    (5) The Court may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit.".

    (2) In each of paragraphs 22(1)(a) and 23(1)(a) of Schedule 1A to the 1995 Order (procedure when the Court proceeds with an application in accordance with paragraph 20 or 21), after "or 21" insert "(and makes no declaration under paragraph 19F(5))".

    (3) In paragraph 26 of that Schedule (duties of employer where ballot on union recognition is to be held), in sub-paragraph (4)(c), for "(a) or (b) but" substitute "19D or paragraph (a) or (b) of this sub-paragraph and".

    (4) In that paragraph, after sub-paragraph (4E) (which is inserted by paragraph 9) insert - 

    " (4F) Sub-paragraph (4)(a) does not apply to names and addresses that the employer has already given to the Court under paragraph 19D.

    (4G) Where (because of sub-paragraph (4F)) the employer does not have to comply with sub-paragraph (4)(a), the reference in sub-paragraph (4)(b) to the time when the employer complied with sub-paragraph (4)(a) is to be read as a reference to the time when the employer is informed under paragraph 25(9).

    (4H) If - 


(a) a person was appointed on an application under paragraph 19C, and

(b) the person appointed to conduct the ballot is not that person,



the Court must, as soon as is reasonably practicable, pass on to the person appointed to conduct the ballot the names and addresses given to it under paragraph 19D."

    (5) In that paragraph, in sub-paragraph (6) for "given under sub-paragraph (5)" substitute "passed on to him under paragraph 19D or this paragraph".

" (b) the Court has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union (or unions) to conduct collective bargaining on their behalf;".

    (2) In paragraph 87(4) of that Schedule (qualifying conditions requiring the Court to hold a ballot of workers in new bargaining unit), for paragraph (b) substitute - 

" (b) the Court has evidence, which it considers to be credible, from a significant number of the union members within the new bargaining unit that they do not want the union (or unions) to conduct collective bargaining on their behalf;".


Power of the Court to extend notification period

     7. In paragraph 24 of Schedule 1A to the 1995 Order (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) - 


(a) the period of 10 working days starting with the day on which the union (or last of the unions) receives the Court's notice under paragraph 22(3) or 23(2), or

(b) such longer period so starting as the Court may specify to the parties by notice.



    (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 Court's notice under paragraph 22(3) or 23(2), or

(b) such longer period so starting as the Court may specify to the parties by notice.



    (7) The Court 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.".

    " (6A) If the Court 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 - 


(a) who (but for the arrangements) would be prevented by the Court'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),



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 Court'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).".

    (2) In paragraph 117 of that Schedule (derecognition ballots), after sub-paragraph (8) insert - 

    " (8A) If the Court 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 - 


(a) who (but for the arrangements) would be prevented by the Court'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),



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 Court'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).".

    " (4A) The fourth duty is to refrain from making any offer to any or all of the workers constituting the bargaining unit which - 


(a) has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, and

(b) is not reasonable in the circumstances.



    (4B) The fifth duty is to refrain from taking or threatening to take any action against a worker solely or mainly on the grounds that he - 



(a) attended or took part in any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, or

(b) indicated his intention to attend or take part in such a meeting.



    (4C) A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraph (4A) and (4B) if - 



(a) it is organised in accordance with any agreement reached concerning the second duty or as a result of a step ordered to be taken under paragraph 27 to remedy a failure to comply with that duty, and

(b) it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend.



    (4D) Without prejudice to the generality of the second duty imposed by this paragraph, an employer is to be taken to have failed to comply with that duty if - 



(a) he refuses a request for a meeting between the union (or unions) and any or all of the workers constituting the bargaining unit to be held in the absence of the employer or any representative of his (other than one who has been invited to attend the meeting) and it is not reasonable in the circumstances for him to do so,

(b) he or a representative of his attends such a meeting without having been invited to do so,

(c) he seeks to record or otherwise be informed of the proceedings at any such meeting and it is not reasonable in the circumstances for him to do so, or

(d) he refuses to give an undertaking that he will not seek to record or otherwise be informed of the proceedings at any such meeting unless it is reasonable in the circumstances for him to do either of those things.



    (4E) The fourth and fifth duties do not confer any rights on a worker; but that does not affect any other right which a worker may have.".

    (4) For sub-paragraph (8) substitute - 

    " (8) Each of the powers specified in sub-paragraph (9) shall be taken to include power to issue Codes of Practice - 


(a) about reasonable access for the purposes of sub-paragraph (3), and

(b) about the fourth duty imposed by this paragraph.



    (9) The powers are - 



(a) the power of the Agency under Article 90 of the 1992 Order;

(b) the power of the Department under Article 95 of that Order.."

    (5) In paragraph 27(1) of that Schedule (remedial order in case of employer's failure to comply with duties under paragraph 26) for "three duties imposed" substitute "duties imposed on him".

    (6) Paragraph 118 of that Schedule (duties of employer informed of requirement to arrange ballot on derecognition etc) is amended in accordance with sub-paragraphs (7) to (9).

    (7) In sub-paragraph (1) for "three" substitute "five".

    (8) After sub-paragraph (4) insert - 

    " (4A) The fourth duty is to refrain from making any offer to any or all of the workers constituting the bargaining unit which - 


(a) has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, and

(b) is not reasonable in the circumstances.



    (4B) The fifth duty is to refrain from taking or threatening to take any action against a worker solely or mainly on the grounds that he - 



(a) attended or took part in any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, or

(b) indicated his intention to attend or take part in such a meeting.



    (4C) A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraph (4A) and (4B) if - 



(a) it is organised in accordance with any agreement reached concerning the second duty or as a result of a step ordered to be taken under paragraph 119 to remedy a failure to comply with that duty, and

(b) it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend.



    (4D) Without prejudice to the generality of the second duty imposed by this paragraph, an employer is to be taken to have failed to comply with that duty if - 



(a) he refuses a request for a meeting between the union (or unions) and any or all of the workers constituting the bargaining unit to be held in the absence of the employer or any representative of his (other than one who has been invited to attend the meeting) and it is not reasonable in the circumstances for him to do so,

(b) he or a representative of his attends such a meeting without having been invited to do so,

(c) he seeks to record or otherwise be informed of the proceedings at any such meeting and it is not reasonable in the circumstances for him to do so, or

(d) he refuses to give an undertaking that he will not seek to record or otherwise be informed of the proceedings at any such meeting unless it is reasonable in the circumstances for him to do either of those things.



    (4E) The fourth and fifth duties do not confer any rights on a worker; but that does not affect any other right which a worker may have.".

    (9) For sub-paragraph (8) substitute - 

    " (8) Each of the powers specified in sub-paragraph (9) shall be taken to include power to issue Codes of Practice - 


(a) about reasonable access for the purposes of sub-paragraph (3), and

(b) about the fourth duty imposed by this paragraph.



    (9) The powers are - 



(a) the power of the Agency under Article 90 of the 1992 Order;

(b) the power of the Department under Article 95 of that Order."

    (10) In paragraph 119(1) of that Schedule (remedial order in case of employer's failure to comply with duties under paragraph 118) for "three duties imposed" substitute "duties imposed on him".

     " 27A.  - (1) Each of the parties informed by the Court under paragraph 25(9) must refrain from using any unfair practice.

    (2) A party uses an unfair practice if, with a view to influencing the result of the ballot, the party - 


(a) offers to pay money or give money's worth to a worker entitled to vote in the ballot in return for the worker's agreement to vote in a particular way or to abstain from voting,

(b) makes an outcome-specific offer to a worker entitled to vote in the ballot;

(c) coerces or attempts to coerce a worker entitled to vote in the ballot to disclose - 


(i) whether he intends to vote or to abstain from voting in the ballot, or

(ii) how he intends to vote, or how he has voted, in the ballot,



(d) dismisses or threatens to dismiss a worker,

(e) takes or threatens to take disciplinary action against a worker,

(f) subjects or threatens to subject a worker to any other detriment, or

(g) uses or attempts to use undue influence on a worker entitled to vote in the ballot.



    (3) For the purposes of sub-paragraph (2)(b) an "outcome-specific offer" is an offer to pay money or give money's worth which - 



(a) is conditional on the issuing by the Court of a declaration that - 


(i) the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit, or

(ii) the union is (or unions are) not entitled to be so recognised, and



(b) is not conditional on anything which is done or occurs as a result of the declaration in question.



    (4) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.

    (5) Each of the following powers shall be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph - 



(a) the power of the Agency under Article 90 of the 1992 Order;

(b) the power of the Department under Article 95 of that Order.



     27B.  - (1) A party may complain to the Court that another party has failed to comply with paragraph 27A.

    (2) A complaint under sub-paragraph (1) must be made on or before the first working day after - 



(a) the date of the ballot, or

(b) if votes may be cast in the ballot on more than one day, the last of those days.



    (3) Within the decision period the Court must decide whether the complaint is well-founded.

    (4) A complaint is well-founded if - 



(a) the Court finds that the party complained against used an unfair practice, and

(b) the Court is satisfied that the use of that practice changed or was likely to change, in the case of a worker entitled to vote in the ballot - 


(i) his intention to vote or to abstain from voting,

(ii) his intention to vote in a particular way, or

(iii) how he voted.



    (5) The decision period is - 



(a) the period of 10 working days starting with the day after that on which the complaint under sub-paragraph (1) was received by the Court, or

(b) such longer period (so starting) as the Court may specify to the parties by a notice containing reasons for the extension.



    (6) If, at the beginning of the decision period, the ballot has not begun, the Court may by notice to the parties and the qualified independent person postpone the date on which it is to begin until a date which falls after the end of the decision period.

     27C.  - (1) This paragraph applies if the Court decides that a complaint under paragraph 27B is well-founded.

    (2) The Court must, as soon as is reasonably practicable, issue a declaration to that effect.

    (3) The Court may do either or both of the following - 



(a) order the party concerned to take any action specified in the order within such period as may be so specified, or

(b) give notice to the employer and to the union (or unions) that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.



    (4) The Court may give an order or a notice under sub-paragraph (3) either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before it acts under paragraph 29.

    (5) The action specified in an order under sub-paragraph (3)(a) shall be such as the Court considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 27A.

    (6) The Court may give more than one order under sub-paragraph (3)(a).

     27D.  - (1) This paragraph applies if the Court issues a declaration under paragraph 27C(2) and the declaration states that the unfair practice used consisted of or included - 



(a) the use of violence, or

(b) the dismissal of a union official.



    (2) This paragraph also applies if the Court has made an order under paragraph 27C(3)(a) and - 



(a) it is satisfied that the party subject to the order has failed to comply with it, or

(b) it makes another declaration under paragraph 27C(2) in relation to a complaint against that party.



    (3) If the party concerned is the employer, the Court may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

    (4) If the party concerned is a union, the Court may issue a declaration that the union is (or unions are) not entitled to be so recognised.

    (5) The powers conferred by this paragraph are in addition to those conferred by paragraph 27C(3).

     27E.  - (1) This paragraph applies if the Court issues a declaration that a complaint under paragraph 27B is well-founded and - 



(a) gives a notice under paragraph 27C(3)(b), or

(b) issues a declaration under paragraph 27D.



    (2) If the ballot in connection with which the complaint was made has not been held, the Court shall take steps to cancel it.

    (3) If that ballot is held, it shall have no effect.

     27F.  - (1) This paragraph applies if the Court gives a notice under paragraph 27C(3)(b).

    (2) Paragraphs 24 to 29 apply in relation to that notice as they apply in relation to a notice given under paragraph 22(3) or 23(2) but with the modifications specified in sub-paragraphs (3) to (6).

    (3) In each of sub-paragraphs (5)(a) and (6)(a) of paragraph 24 for "10 working days" substitute "5 working days".