The Trade Union and Labour Relations (Northern Ireland) Order 1995

Request for recognition N.I.

4.—(1) The union or unions seeking recognition must make a request for recognition to the employer. N.I.

(2) Paragraphs 5 to 9 apply to the request.

5.  The request is not valid unless it is received by the employer. N.I.

6.  The request is not valid unless the union (or each of the unions) has a certificate [F1 of independence]. N.I.

F1 2004 NI 19

7.—(1) The request is not valid unless the employer, taken with any associated employer or employers, employs— N.I.

(a) at least 21 workers on the day the employer receives the request, or

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

(2) To find the average under sub-paragraph (1)(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;

(c) divide the aggregate by 13.

(3) For the purposes of sub-paragraph (1)(a) any worker employed by an associated company incorporated outside Northern Ireland must be ignored unless the day the request was made fell within a period during which he ordinarily worked in Northern Ireland.

(4) For the purposes of sub-paragraph (1)(b) any worker employed by an associated company incorporated outside Northern Ireland 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 Northern Ireland.

(5) For the purposes of sub-paragraphs (3) and (4) 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 Northern Ireland unless—

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

(b) the employer is wholly outside Northern Ireland, or

(c) the worker is not ordinarily resident in Northern Ireland.

[F2 (5A) Sub-paragraph (5B) applies to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations (Northern Ireland) 2011 (contract with the temporary work agency) is not a contract of employment.

(5B) For the purposes of sub-paragraphs (1) and (2), the agency worker is to be treated as having a contract of employment with the temporary work agency for the duration of the assignment with the employer (and “"assignment”” has the same meaning as in those Regulations).]

(6) The Department may by order—

(a) provide that sub-paragraphs (1) to (5) 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 (1).

(7) No order shall be made under sub-paragraph(6) unless a draft of it has been laid before, and approved by a resolution of, the Assembly.

F2 Sch. 1A para. 7(5A)(5B) inserted (5.12.2011) by Agency Workers Regulations (Northern Ireland) 2011 (S.R. 2011/350), reg. 23(2), Sch. 2 para. 7(2)

8.  The request is not valid unless it— N.I.

(a) is in writing,

(b) identifies the union or unions and the bargaining unit, and

(c) states that it is made under this Schedule.

9.  The Department may by order prescribe the form of requests and the procedure for making them, and if it does so the request is not valid unless it complies with the order. N.I.