Employment Relations Act 1999 (c. 26)

(The document as of February, 2008)

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(a) employ at least 21 workers on the day the application is made, or

(b) employ an average of at least 21 workers in the 13 weeks ending with that day.

(4) The condition is that the union (or every union) has a certificate under section 6 that it is independent.

(5) To find the average under sub-paragraph (3)(b)--

(a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);

(b) aggregate the 13 numbers;

(6) For the purposes of sub-paragraph (3)(a) any worker employed by an associated company incorporated outside Great Britain must be ignored unless the day the application was made fell within a period during which he ordinarily worked in Great Britain.

(7) For the purposes of sub-paragraph (3)(b) any worker employed by an associated company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Great Britain.

(8) For the purposes of sub-paragraphs (6) and (7) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless--

(a) the ship's entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,

(b) the employment is wholly outside Great Britain, or

(9) An order made under paragraph 7(6) may also--

(a) provide that sub-paragraphs (2), (3) and (5) to (8) of this paragraph are not to apply, or are not to apply in specified circumstances, or

(b) vary the number of workers for the time being specified in sub-paragraph (3).

61 (1) An application to the CAC is not admissible unless--

(a) it is made in such form as the CAC specifies, and

(b) it is supported by such documents as the CAC specifies.

(2) An application which is made by a union (or unions) to the CAC is not admissible unless the union gives (or unions give) to the employer--

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

(3) An application which is made by an employer to the CAC is not admissible unless the employer gives to the union (or each of the unions)--

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

CAC's response to application

62 (1) The CAC must give notice to the parties of receipt of an application under paragraph 58 or 59.

(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 60 and 61.

(3) In deciding whether an application is admissible the CAC must consider any evidence which it has been given by the employer or the union (or unions).

(4) If the CAC decides that the application is not admissible--

(a) the CAC must give notice of its decision to the parties,

(b) the CAC must not accept the application, and

(5) If the CAC decides that the application is admissible it must--

(a) accept the application, and

(b) give notice of the acceptance to the parties.

(6) The acceptance period is--

(a) the period of 10 working days starting with the day after that on which the CAC receives the application, or

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

63 (1) If the CAC accepts an application it must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining.

(2) If at the end of the agreement period the parties have not made such an agreement the CAC must specify to the parties the method by which they are to conduct collective bargaining.

(3) Any method specified under sub-paragraph (2) is to have effect as if it were contained in a legally enforceable contract made by the parties.

(4) But if the parties agree in writing--

(a) that sub-paragraph (3) shall not apply, or shall not apply to particular parts of the method specified by the CAC, or

(b) to vary or replace the method specified by the CAC,

the written agreement shall have effect as a legally enforceable contract made by the parties.

(5) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.

(6) If the CAC accepts an application, the applicant may not withdraw it after the end of the agreement period.

(7) If at any time before a specification is made under sub-paragraph (2) the parties jointly apply to the CAC requesting it to stop taking steps under this paragraph, the CAC must comply with the request.

(8) The agreement period is--

(a) the period of 20 working days starting with the day after that on which the CAC gives notice of acceptance of the application, or

(b) such longer period (so starting) as the parties may from time to time agree.

Part III Changes affecting bargaining unit

Introduction

64 (1) This Part of this Schedule applies if--

(a) the CAC has issued a declaration that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, and

(b) provisions relating to the collective bargaining method apply in relation to the unit.

(2) In such a case, in this Part of this Schedule--

(a) references to the original unit are to the bargaining unit on whose behalf the union is (or unions are) recognised as entitled to conduct collective bargaining, and

(b) references to the bargaining arrangements are to the declaration and to the provisions relating to the collective bargaining method which apply in relation to the original unit.

(3) For this purpose provisions relating to the collective bargaining method are--

(a) the parties' agreement as to the method by which collective bargaining is to be conducted with regard to the original unit,

(b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted with regard to the original unit, or

(c) any provision of this Part of this Schedule that a method of collective bargaining is to have effect with regard to the original unit.

65 References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.

Either party believes unit no longer appropriate

66 (1) This paragraph applies if the employer believes or the union believes (or unions believe) that the original unit is no longer an appropriate bargaining unit.

(2) The employer or union (or unions) may apply to the CAC to make a decision as to what is an appropriate bargaining unit.

67 (1) An application under paragraph 66 is not admissible unless the CAC decides that it is likely that the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (2).

(2) The matters are--

(a) a change in the organisation or structure of the business carried on by the employer;

(b) a change in the activities pursued by the employer in the course of the business carried on by him;

68 (1) The CAC must give notice to the parties of receipt of an application under paragraph 66.

(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 67 and 92.

(3) In deciding whether the application is admissible the CAC must consider any evidence which it has been given by the employer or the union (or unions).

(4) If the CAC decides that the application is not admissible --

(a) the CAC must give notice of its decision to the parties,

(b) the CAC must not accept the application, and

(5) If the CAC decides that the application is admissible it must--

(a) accept the application, and

(b) give notice of the acceptance to the parties.

(6) The acceptance period is--

(a) the period of 10 working days starting with the day after that on which the CAC receives the application, or

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

69 (1) This paragraph applies if--

(a) the CAC gives notice of acceptance of the application, and

(b) before the end of the first period the parties agree a bargaining unit or units (the new unit or units) differing from the original unit and inform the CAC of their agreement.

(2) If in the CAC's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part of this Schedule.

(3) If sub-paragraph (2) does not apply--

(a) the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit or units;

(b) so far as it affects workers in the new unit (or units) who fall within the original unit, the declaration shall have effect in place of any declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;

(c) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit or units, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.

(4) The first period is--

(a) the period of 10 working days starting with the day after that on which the CAC gives notice of acceptance of the application, or

(b) such longer period (so starting) as the parties may from time to time agree and notify to the CAC.

(5) An outside bargaining unit is a bargaining unit which fulfils these conditions--

(a) it is not the original unit;

(b) a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf;

70 (1) This paragraph applies if--

(a) the CAC gives notice of acceptance of the application, and

(b) the parties do not inform the CAC before the end of the first period that they have agreed a bargaining unit or units differing from the original unit.

(2) During the second period--

(a) the CAC must decide whether or not the original unit continues to be an appropriate bargaining unit;

(b) if the CAC decides that the original unit does not so continue, it must decide what other bargaining unit is or units are appropriate;

(3) In deciding whether or not the original unit continues to be an appropriate bargaining unit the CAC must take into account only these matters--

(a) any change in the organisation or structure of the business carried on by the employer;

(b) any change in the activities pursued by the employer in the course of the business carried on by him;

(4) In deciding what other bargaining unit is or units are appropriate the CAC must take these matters into account--

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

(b) the matters listed in sub-paragraph (5), so far as they do not conflict with that need.

(5) The matters are--

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

(b) existing national and local bargaining arrangements;

(d) the characteristics of workers falling within the original unit and of any other employees of the employer whom the CAC considers relevant;

(e) the location of workers.

(6) If the CAC decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.

(7) The second period is--

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

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

71 If the CAC gives notice under paragraph 70 of a decision that the original unit continues to be an appropriate bargaining unit no further steps are to be taken under this Part of this Schedule.

72 Paragraph 82 applies if the CAC gives notice under paragraph 70 of--

(a) a decision that the original unit is no longer an appropriate bargaining unit, and

(b) a decision as to the bargaining unit which is (or units which are) appropriate.

73 (1) This paragraph applies if--

(a) the parties agree under paragraph 69 a bargaining unit or units differing from the original unit,

(b) paragraph 69(2) does not apply, and

(2) In such a case--

(a) the CAC must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(c), are to cease to have effect on a date specified by the CAC in the declaration, and

(b) the bargaining arrangements shall cease to have effect accordingly.

Employer believes unit has ceased to exist

74 (1) If the employer--

(a) believes that the original unit has ceased to exist, and

(b) wishes the bargaining arrangements to cease to have effect,

he must give the union (or each of the unions) a notice complying with sub-paragraph (2) and must give a copy of the notice to the CAC.

(2) A notice complies with this sub-paragraph if it--

(a) identifies the unit and the bargaining arrangements,

(b) states the date on which the notice is given,

(d) states that the bargaining arrangements are to cease to have effect on a date which is specified in the notice and which falls after the end of the period of 35 working days starting with the day after that on which the notice is given.

(3) Within the validation period the CAC must decide whether the notice complies with sub-paragraph (2).

(4) If the CAC decides that the notice does not comply with sub-paragraph (2)--

(a) the CAC must give the parties notice of its decision, and

(b) the employer's notice shall be treated as not having been given.

(5) If the CAC decides that the notice complies with sub-paragraph (2) it must give the parties notice of the decision.

(6) The bargaining arrangements shall cease to have effect on the date specified under sub-paragraph (2)(d) if--

(a) the CAC gives notice under sub-paragraph (5), and

(b) the union does not (or unions do not) apply to the CAC under paragraph 75.

(7) The validation period is--

(a) the period of 10 working days starting with the day after that on which the CAC receives the copy of the notice, or

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

75 (1) Paragraph 76 applies if--

(a) the CAC gives notice under paragraph 74(5), and

(b) within the period of 10 working days starting with the day after that on which the notice is given the union makes (or unions make) an application to the CAC for a decision on the questions specified in sub-paragraph (2).

(2) The questions are--

(a) whether the original unit has ceased to exist;

(b) whether the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (3).

(3) The matters are--

(a) a change in the organisation or structure of the business carried on by the employer;

(b) a change in the activities pursued by the employer in the course of the business carried on by him;

76 (1) The CAC must give notice to the parties of receipt of an application under paragraph 75.

(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraph 92.

(3) In deciding whether the application is admissible the CAC must consider any evidence which it has been given by the employer or the union (or unions).

(4) If the CAC decides that the application is not admissible--

(a) the CAC must give notice of its decision to the parties,

(b) the CAC must not accept the application, and

(5) If the CAC decides that the application is admissible it must--

(a) accept the application, and

(b) give notice of the acceptance to the parties.

(6) The acceptance period is--

(a) the period of 10 working days starting with the day after that on which the CAC receives the application, or

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

77 (1) If the CAC accepts an application it--

(a) must give the employer and the union (or unions) an opportunity to put their views on the questions in relation to which the application was made;

(b) must decide the questions before the end of the decision period.

(2) If the CAC decides that the original unit has ceased to exist--

(a) the CAC must give the parties notice of its decision, and

(b) the bargaining arrangements shall cease to have effect on the termination date.

(3) If the CAC decides that the original unit has not ceased to exist, and that it is not the case that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 75(3)--

(a) the CAC must give the parties notice of its decision, and

(b) the employer's notice shall be treated as not having been given.

(4) If the CAC decides that the original unit has not ceased to exist, and that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 75(3), the CAC must give the parties notice of its decision.

(5) The decision period is--

(a) the period of 10 working days starting with the day after that on which the CAC gives notice of acceptance of the application, or

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

(6) The termination date is the later of--

(a) the date specified under paragraph 74(2)(d), and

(b) the day after the last day of the decision period.

78 (1) This paragraph applies if--

(a) the CAC gives notice under paragraph 77(4), and

(b) before the end of the first period the parties agree a bargaining unit or units (the new unit or units) differing from the original unit and inform the CAC of their agreement.

(3) If sub-paragraph (2) does not apply--

(a) the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit or units;

(4) The first period is--

(a) the period of 10 working days starting with the day after that on which the CAC gives notice under paragraph 77(4), or

(b) such longer period (so starting) as the parties may from time to time agree and notify to the CAC.

(5) An outside bargaining unit is a bargaining unit which fulfils these conditions--

(a) it is not the original unit;

(b) a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf;

79 (1) This paragraph applies if--

(a) the CAC gives notice under paragraph 77(4), and

(b) the parties do not inform the CAC before the end of the first period that they have agreed a bargaining unit or units differing from the original unit.

(2) During the second period the CAC--

(a) must decide what other bargaining unit is or units are appropriate;

(b) must give notice of its decision to the parties.

(3) In deciding what other bargaining unit is or units are appropriate, the CAC must take these matters into account--

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

(b) the matters listed in sub-paragraph (4), so far as they do not conflict with that need.

(4) The matters are--

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

(b) existing national and local bargaining arrangements;

(d) the characteristics of workers falling within the original unit and of any other employees of the employer whom the CAC considers relevant;

(e) the location of workers.

(5) If the CAC decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.

(6) The second period is--

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

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

80 Paragraph 82 applies if the CAC gives notice under paragraph 79 of a decision as to the bargaining unit which is (or units which are) appropriate.

81 (1) This paragraph applies if--

(a) the parties agree under paragraph 78 a bargaining unit or units differing from the original unit,

(b) paragraph 78(2) does not apply, and

(2) In such a case --

(b) the bargaining arrangements shall cease to have effect accordingly.

Position where CAC decides new unit

82 (1) This paragraph applies if the CAC gives notice under paragraph 70 of--

(a) a decision that the original unit is no longer an appropriate bargaining unit, and

(b) a decision as to the bargaining unit which is (or units which are) appropriate.

(2) This paragraph also applies if the CAC gives notice under paragraph 79 of a decision as to the bargaining unit which is (or units which are) appropriate.

(3) The CAC--

(a) must proceed as stated in paragraphs 83 to 89 with regard to the appropriate unit (if there is one only), or

(b) must proceed as stated in paragraphs 83 to 89 with regard to each appropriate unit separately (if there are two or more).

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