Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

(The document as of February, 2008)

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(3) Where assistance is provided with respect to the conduct of proceedings, it shall include an agreement by the Commissioner to indemnify the applicant (subject only to any exceptions specified in the notification) in respect of liability to pay costs or expenses arising by virtue of any judgment or order of the court in the proceedings.

(4) Where the Commissioner provides assistance in relation to any proceedings, he shall do so on such terms, or make such other arrangements, as will secure that a person against whom the proceedings have been or are commenced is informed that assistance has been or is being provided by the Commissioner in relation to them.

(5) In England and Wales, the recovery of expenses incurred by the Commissioner in providing an applicant with assistance (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the Commissioner--

(a) on any costs which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and

(b) on any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid or bring proceedings to an end.

(6) In Scotland, the recovery of such expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall be paid to the Commissioner, in priority to other debts--

(a) out of any expenses which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and

(b) out of any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid or bring proceedings to an end.

112 Title of proceedings where assistance provided

(1) Where a person is receiving assistance in relation to proceedings, there shall, if he so wishes, be added after his name in the title of the proceedings the words "(assisted by the Commissioner for the Rights of Trade Union Members)".

(2) The addition of those words shall not be construed as making the Commissioner a party to the proceedings or as liable to be treated as a party for any purpose; and the omission of those words shall be treated as an irregularity only and shall not nullify the proceedings, any step taken in the proceedings or any document, judgment or order therein.

113 Recovery of sums paid in case of fraud

(1) Where the Commissioner grants an application to a person who for the purposes of the application--

(a) has made a statement which he knew to be false in a material particular, or

(b) has recklessly made a statement which was false in a material particular,

he is entitled to recover from that person any sums paid by him to that person, or to any other person, by way of assistance.

(2) This does not affect the power of the Commissioner to enter into any agreement he thinks fit as to the terms on which assistance is provided.

114 Supplementary provisions

(1) Nothing in this Chapter affects the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.

(2) The power of the Commissioner to provide assistance to a prospective applicant to the court under section 26, 56 or 81 (under which applications may be made either to the court or to the Certification Officer, and in certain cases to both) does not entitle the Commissioner to provide assistance with the making of an application to the Certification Officer.

(3) In this Chapter "applicant", in relation to assistance under this Chapter, means the individual on whose application the assistance is provided.

Chapter IX Miscellaneous and general provisions

Further provisions with respect to ballots

115 Payments towards expenditure in connection with secret ballots

(1) The Secretary of State may by regulations make a scheme providing for payments by the Certification Officer towards expenditure incurred by independent trade unions in respect of such ballots to which this section applies as may be prescribed by the scheme.

(2) This section applies to a ballot if the purpose of the question to be asked (or if there is more than one such question, the purpose of any of them) is--

(a) to obtain a decision or ascertain the views of members of a trade union--

(i) as to the acceptance or rejection of a proposal made by an employer in relation to the contractual terms and conditions upon which, or the other incidents of the relationship whereby, a person works or provides services for the employer, or

(ii) as to the calling or ending of a strike or other industrial action;

(b) to carry out an election--

(i) provided for by the rules of a trade union, or

(ii) required by section 46 (duty to hold elections for certain offices),

or to elect a worker who is a member of a trade union to be a representative of other members also employed by his employer;

(d) to obtain a decision in accordance with Chapter VI on a political resolution within the meaning of that Chapter at a time when there is such a resolution in force in relation to the union;

(e) to obtain a decision in accordance with Chapter VII on a resolution to approve an instrument of amalgamation or transfer;

(f) any other purpose specified by order of the Secretary of State.

(3) The scheme may include provision for payments to be made towards expenditure incurred in respect of arrangements to hold a ballot which is not proceeded with but which would have been a ballot to which this section applies if it had been held.

(4) The circumstances in which and the conditions subject to which payments may be made under the scheme, and the amounts of the payments, shall be such as may be prescribed by the scheme; and the scheme shall include provision for restricting the cases in which payments are made to cases in which the ballot is so conducted as to secure, so far as reasonably practicable, that those voting do so in secret.

(5) Regulations or an order under this section shall be made by statutory instrument; and--

(a) a statutory instrument containing regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b) no order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

116 Use of employer's premises for secret ballot

(1) Where an independent trade union which is recognised by an employer to any extent for the purposes of collective bargaining--

(a) proposes to hold a ballot to which this section applies, and

(b) requests the employer to permit premises of his to be used for the purpose of giving workers employed by him who are members of the union a convenient opportunity of voting,

the employer shall, so far as reasonably practicable, comply with that request.

(2) This section applies to a ballot if--

(a) as respects the purposes of the question (or one of the questions) to be voted upon, the ballot satisfies the requirements of a scheme under section 115, and

(b) the proposals for the conduct of the ballot are such as to secure, so far as reasonably practicable, that those voting do so in secret.

(3) Subsection (1) does not apply where--

(a) the ballot is one in which every person who is entitled to vote must be given a convenient opportunity to vote by post; or

(b) at the time the request is made the number of workers employed by the employer, added to the number employed by any associated employer, does not exceed 20.

(4) A trade union which claims that an employer has failed to comply with a request made by the union in accordance with subsection (1), which it was reasonably practicable for him to comply with, may present a complaint to an industrial tribunal.

(5) The tribunal shall not entertain a complaint unless it is presented to the tribunal--

(a) before the end of the period of three months beginning with the date of the failure, or

(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as the tribunal considers reasonable.

(6) Where the tribunal finds that the complaint is well-founded, it shall make a declaration to that effect and may make an award of compensation to be paid by the employer to the union of such amount as it considers just and equitable in all the circumstances having regard to the employer's failure and to any expenses incurred by the union in consequence of the failure.

(7) The remedy of a union for failure to comply with a request under subsection (1) is by way of complaint to an industrial tribunal in accordance with this section, and not otherwise.

Exceptions and adaptations for certain bodies

117 Special register bodies

(1) In this section a "special register body" means an organisation whose name appeared in the special register maintained under section 84 of the [1971 c. 72.] Industrial Relations Act 1971 immediately before 16 September 1974, and which is a company registered under the [1985 c. 6.] Companies Act 1985 or is incorporated by charter or letters patent.

(2) The provisions of this Part apply to special register bodies as to other trade unions, subject to the following exceptions and adaptations.

(3) In Chapter II (status and property of trade unions)--

(a) in section 10 (quasi-corporate status of trade unions)--

(i) subsections (1) and (2) (prohibition on trade union being incorporated) do not apply, and

(ii) subsection (3) (prohibition on registration under certain Acts) does not apply so far as it relates to registration as a company under the [1985 c. 6.] Companies Act 1985;

(b) section 11 (exclusion of common law rules as to restraint of trade) applies to the purposes or rules of a special register body only so far as they relate to the regulation of relations between employers or employers' associations and workers;

(d) in section 20 (liability of trade union in certain proceedings in tort) in subsection (7) the reference to the contract between a member and the other members shall be construed as a reference to the contract between a member and the body.

(4) Sections 33 to 35 (appointment and removal of auditors) do not apply to a special register body which is registered as a company under the Companies Act 1985; and sections 36 and 37 (rights and duties of auditors) apply to the auditors appointed by such a body under Chapter V of Part XI of that Act.

(5) Chapter IV (elections for certain union position) only applies to--

(a) the position of voting member of the executive, and

(b) any position by virtue of which a person is a voting member of the executive.

In this subsection "voting member of the executive" has the meaning given by section 46(5).

118 Federated trade unions

(1) In this section a "federated trade union" means a trade union which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of "trade union" in section 1.

(2) The provisions of this Part apply to federated trade unions subject to the following exceptions and adaptations.

(3) For the purposes of section 22 (limit on amount of damages) as it applies to a federated trade union, the members of such of its constituent or affiliated organisations as have their head or main office in Great Britain shall be treated as members of the union.

(4) The following provisions of Chapter III (trade union administration) do not apply to a federated trade union which consists wholly or mainly of representatives of constituent or affiliated organisations--

(a) section 27 (duty to supply copy of rules),

(b) section 28 (duty to keep accounting records),

(d) sections 38 to 42 (members' superannuation schemes).

(5) Sections 29 to 31 (right of member to access to accounting records) do not apply to a federated trade union which has no members other than constituent or affiliated organisations or representatives of such organisations.

(6) Sections 24 to 26 (register of members' names and addresses) and Chapter IV (elections for certain trade union positions) do not apply to a federated trade union--

(a) if it has no individual members other than representatives of constituent or affiliated organisations, or

(b) if its individual members (other than such representatives) are all merchant seamen and a majority of them are ordinarily resident outside the United Kingdom.

For this purpose "merchant seaman" means a person whose employment, or the greater part of it, is carried out on board sea-going ships.

(7) The provisions of Chapter VI (application of funds for political objects) apply to a trade union which is in whole or part an association or combination of other unions as if the individual members of the component unions were members of that union and not of the component unions.

But nothing in that Chapter prevents a component union from collecting contributions on behalf of the association or combination from such of its members as are not exempt from the obligation to contribute to the political fund of the association or combination.

Interpretation

119 Expressions relating to trade unions

In this Act, in relation to a trade union--

"branch or section", except where the context otherwise requires, includes a branch or section which is itself a trade union;
"executive" means the principal committee of the union exercising executive functions, by whatever name it is called;
"general secretary" means the official of the union who holds the office of general secretary or, where there is no such office, holds an office which is equivalent, or (except in section 14(4)) the nearest equivalent, to that of general secretary;
"officer" includes--
(a)
any member of the governing body of the union, and
(b)
any trustee of any fund applicable for the purposes of the union;
"official" means--
(a)
an officer of the union or of a branch or section of the union, or
(b)
a person elected or appointed in accordance with the rules of the union to be a representative of its members or of some of them,

and includes a person so elected or appointed who is an employee of the same employer as the members or one or more of the members whom he is to represent;
"president" means the official of the union who holds the office of president or, where there is no such office, who holds an office which is equivalent, or (except in section 14(4) or Chapter IV) the nearest equivalent, to that of president; and
"rules", except where the context otherwise requires, includes the rules of any branch or section of the union.

120 Northern Ireland unions

In this Part a "Northern Ireland union" means a trade union whose principal office is situated in Northern Ireland.

121 Meaning of "the court"

In this Part "the court" (except where the reference is expressed to be to the county court or sheriff court) means the High Court or the Court of Session.

Part II Employers' Associations

Introductory

122 Meaning of "employers' association"

(1) In this Act an "employers' association" means an organisation (whether temporary or permanent)--

(a) which consists wholly or mainly of employers or individual owners of undertakings of one or more descriptions and whose principal purposes include the regulation of relations between employers of that description or those descriptions and workers or trade unions; or

(b) which consists wholly or mainly of--

(i) constituent or affiliated organisations which fulfil the conditions in paragraph (a) (or themselves consist wholly or mainly of constituent or affiliated organisations which fulfil those conditions), or

(ii) representatives of such constituent or affiliated organisations,

and whose principal purposes include the regulation of relations between employers and workers or between employers and trade unions, or the regulation of relations between its constituent or affiliated organisations.

(2) References in this Act to employers' associations include combinations of employers and employers' associations.

The list of employers' associations

123 The list of employers' associations

(1) The Certification Officer shall keep a list of employers' associations containing the names of--

(a) the organisations whose names were, immediately before the commencement of this Act, duly entered in the list of employers' associations kept by him under section 8 of the [1974 c. 52.] Trade Union and Labour Relations Act 1974, and

(b) the names of the organisations entitled to have their names entered in the list in accordance with this Part.

(2) The Certification Officer shall keep copies of the list of employers' associations, as for the time being in force, available for public inspection at all reasonable hours free of charge.

(3) A copy of the list shall be included in his annual report.

(4) The fact that the name of an organisation is included in the list of employers' associations is evidence (in Scotland, sufficient evidence) that the organisation is an employers' association.

(5) On the application of an organisation whose name is included in the list, the Certification Officer shall issue it with a certificate to that effect.

(6) A document purporting to be such a certificate is evidence (in Scotland, sufficient evidence) that the name of the organisation is entered in the list.

124 Application to have name entered in the list

(1) An organisation of employers, whenever formed, whose name is not entered in the list of employers' associations may apply to the Certification Officer to have its name entered in the list.

(2) The application shall be made in such form and manner as the Certification Officer may require and shall be accompanied by--

(a) a copy of the rules of the organisation,

(b) a list of its officers,

(d) the name under which it is or is to be known,

and by the prescribed fee.

(3) If the Certification Officer is satisfied--

(a) that the organisation is an employers' association,

(b) that subsection (2) has been complied with, and

he shall enter the name of the organisation in the list of employers' associations.

(4) The Certification Officer shall not enter the name of an organisation in the list of employers' associations if the name is the same as that under which another organisation--

(a) was on 30th September 1971 registered as a trade union under the Trade Union Acts 1871 to 1964,

(b) was at any time registered as an employers' association or trade union under the [1971 c. 72.] Industrial Relations Act 1971, or

(c) is for the time being entered in the list of employers' associations or in the list of trade unions kept under Chapter I of Part I of this Act,

or if the name is one so nearly resembling any such name as to be likely to deceive the public.

125 Removal of name from the list

(1) If it appears to the Certification Officer, on application made to him or otherwise, that an organisation whose name is entered in the list of employers' associations is not an employers' association, he may remove its name from the list.

(2) He shall not do so without giving the organisation notice of his intention and considering any representations made to him by the organisation within such period (of not less than 28 days beginning with the date of the notice) as may be specified in the notice.

(3) The Certification Officer shall remove the name of an organisation from the list of employers' associations if--

(a) he is requested by the organisation to do so, or

(b) he is satisfied that the organisation has ceased to exist.

126 Appeal against decision of Certification Officer

(1) An organisation aggrieved by the refusal of the Certification Officer to enter its name in the list of employers' associations, or by a decision of his to remove its name from the list, may appeal to the Employment Appeal Tribunal.

(2) If on appeal the Tribunal is satisfied that the organisation's name should be or remain entered in the list, it shall declare that fact and give directions to the Certification Officer accordingly.

(3) The right of appeal conferred by this section extend to any question of fact or law arising in the proceedings before, or arising from the decision of, the Certification Officer.

Status and property of employers' associations

127 Corporate or quasi-corporate status of employers' associations

(1) An employers' association may be either a body corporate or an unincorporated association.

(2) Where an employers' association is unincorporated--

(a) it is capable of making contracts;

(b) it is capable of suing and being sued in its own name, whether in proceedings relating to property or founded on contract or tort or any other cause of action; and

(c) proceedings for an offence alleged to have been committed by it or on its behalf may be brought against it in its own name.

(3) Nothing in section 716 of the [1985 c. 6.] Companies Act 1985 (associations of over 20 members to be incorporated or otherwise formed in special ways) shall be taken to prevent the formation of an employers' association which is neither registered as a company under that Act nor otherwise incorporated.

128 Exclusion of common law rules as to restraint of trade

(1) The purposes of an unincorporated employers' association and, so far as they relate to the regulation of relations between employers and workers or trade unions, the purposes of an employers' association which is a body corporate are not, by reason only that they are in restraint of trade, unlawful so as--

(a) to make any member of the association liable to criminal proceedings for conspiracy or otherwise, or

(b) to make any agreement or trust void or voidable.

(2) No rule of an unincorporated employers' association or, so far as it relates to the regulation of relations between employers and workers or trade unions, of an employers' association which is a body corporate, is unlawful or unenforceable by reason only that it is in restraint of trade.

129 Property of unincorporated employers' associations, &c

(1) The following provisions of Chapter II of Part I of this Act apply to an unincorporated employers' association as in relation to a trade union--

(a) section 12(1) and (2) (property to be vested in trustees),

(b) section 13 (vesting of property in new trustees), and

(2) In sections 13 and 14 as they apply by virtue of subsection (1) the reference to entry in the list of trade unions shall be construed as a reference to entry in the list of employers' associations.

(3) Section 19 (application of certain provisions relating to industrial assurance or friendly societies) applies to any employers' association as in relation to a trade union.

130 Restriction on enforcement of awards against certain property

(1) Where in any proceedings an amount is awarded by way of damages, costs or expenses--

(a) against an employers' association,

(b) against trustees in whom property is vested in trust for an employers' association, in their capacity as such (and otherwise than in respect of a breach of trust on their part), or

(c) against members or officials of an employers' association on behalf of themselves and all of the members of the association,

no part of that amount is recoverable by enforcement against any protected property.

(2) The following is protected property--

(a) property belonging to the trustees otherwise than in their capacity as such;

(b) property belonging to any member of the association otherwise than jointly or in common with the other members;

Administration of employers' associations

131 Administrative provisions applying to employers' associations

(1) The following provisions of Chapter III of Part I of this Act apply to an employers' association as in relation to a trade union--

section 27 (duty to supply copy of rules),
section 28 (duty to keep accounting records),
sections 32 to 37 (annual return, accounts and audit),
sections 38 to 42 (members' superannuation schemes),
section 43(1) (exemption for newly-formed organisations),
section 44(1),(2) and (4) (discharge of duties in case of organisation having branches or sections), and
section 45 (offences).

(2) Sections 33 to 35 (appointment and removal of auditors) do not apply to an employers' association which is registered as a company under the [1985 c. 6.] Companies Act 1985; and sections 36 and 37 (rights and duties of auditors) apply to the auditors appointed by such an association under Chapter V of Part XI of that Act.

Application of funds for political objects

132 Application of funds for political objects

The provisions of Chapter VI of Part I of this Act (application of funds for political objects) apply to an unincorporated employers' association as in relation to a trade union.

Amalgamations and similar matters

133 Amalgamations and transfers of engagements

The provisions of Chapter VII of Part I of this Act (amalgamations and similar matters), with the exception of section 107 (change of name: see section 134 below), apply to unincorporated employers' associations as in relation to trade unions.

134 Change of name of employers' association

(1) An unincorporated employers' association may change its name by any method expressly provided for by its rules or, if its rules do not expressly provide for a method of doing so, by adopting in accordance with its rules an alteration of the provision in them which gives the association its name.

(2) If the name of an employers' association, whether incorporated or unincorporated, is entered in the list of employers' associations a change of name shall not take effect until approved by the Certification Officer.

(3) The Certification Officer shall not approve a change of name if it appears to him that the proposed new name--

(a) is the same as one entered in the list as the name of another employers' association, or

(b) is the same as one entered in the list of trade unions kept under Part I of this Act,

or is a name so nearly resembling such a name as to be likely to deceive the public.

(4) A change of name by an unincorporated employers' association does not affect any right or obligation of the association or any of its members; and any pending legal proceedings may be continued by or against the association, the trustees of the association or any other officer of the association who can sue or be sued on its behalf notwithstanding its change of name.

(5) The power conferred by section 108 (power to make regulations for carrying provisions into effect) applies in relation to this section as in relation to a provision of Chapter VII of Part I.

General

135 Federated employers' associations

(1) In this section a "federated employers' association" means a employers' association which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of "employers' association" in section 122.

(2) The provisions of Part I applied by this Part to employers' associations apply to federated employers' associations subject to the following exceptions and adaptations.

(3) The following provisions of Chapter III of Part I (administration) do not apply to a federated employers' association which consists wholly or mainly of representatives of constituent or affiliated organisations--

(a) section 27 (duty to supply copy of rules),

(b) section 28 (duty to keep accounting records),

(d) sections 38 to 42 (members' superannuation schemes).

(4) The provisions of Chapter VI of Part I (application of funds for political objects) apply to a employers' association which is in whole or part an association or combination of other associations as if the individual members of the component associations were members of that association and not of the component associations.

But nothing in that Chapter prevents a component association from collecting contributions on behalf of the association or combination from such of its members as are not exempt from the obligation to contribute to the political fund of the association or combination.

136 Meaning of "officer" of employers' association

In this Act "officer", in relation to an employers' association, includes--

(a) any member of the governing body of the association, and

(b) any trustee of any fund applicable for the purposes of the association.

Part III Rights in relation to union membership and activities

Access to employment

137 Refusal of employment on grounds related to union membership

(1) It is unlawful to refuse a person employment--

(a) because he is, or is not, a member of a trade union, or

(b) because he is unwilling to accept a requirement--

(i) to take steps to become or cease to be, or to remain or not to become, a member of a trade union, or

(ii) to make payments or suffer deductions in the event of his not being a member of a trade union.

(2) A person who is thus unlawfully refused employment has a right of complaint to an industrial tribunal.

(3) Where an advertisement is published which indicates, or might reasonably be understood as indicating--

(a) that employment to which the advertisement relates is open only to a person who is, or is not, a member of a trade union, or

(b) that any such requirement as is mentioned in subsection (1)(b) will be imposed in relation to employment to which the advertisement relates,

a person who does not satisfy that condition or, as the case may be, is unwilling to accept that requirement, and who seeks and is refused employment to which the advertisement relates, shall be conclusively presumed to have been refused employment for that reason.

(4) Where there is an arrangement or practice under which employment is offered only to persons put forward or approved by a trade union, and the trade union puts forward or approves only persons who are members of the union, a person who is not a member of the union and who is refused employment in pursuance of the arrangement or practice shall be taken to have been refused employment because he is not a member of the trade union.

(5) A person shall be taken to be refused employment if he seeks employment of any description with a person and that person--

(a) refuses or deliberately omits to entertain and process his application or enquiry, or

(b) causes him to withdraw or cease to pursue his application or enquiry, or

(d) makes him an offer of such employment the terms of which are such as no reasonable employer who wished to fill the post would offer and which is not accepted, or

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