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Explanatory Memorandum to Employment Relations (Northern Ireland) Order 2004

Inducements relating to union membership or activities

Article 14 inserts new Articles 77A to 77F into the 1996 Order.

New Article 77Agives a worker the right not to have an offer made to him by his employer where the employer’s sole or main purpose is to induce the worker to do or not do certain things relating to trade union membership and the use of trade union services.

New Article 77B gives a new right to a worker who is a member of an independent trade union seeking recognition from, or already recognised by, the employer not to have an offer made to him by the employer where similar offers are made to other workers and the sole or main purpose in making the offers is to secure that the terms of the workers will not, or will no longer, be determined by a collective agreement negotiated with the union.

New Article 77Csets out the time limit for bringing industrial tribunal proceedings for contravention of the rights in new Articles 77A and 77B.

New Article 77D contains provisions as to how complaints under new Articles 77A and 77B are to be considered by an industrial tribunal.

New Article 77E contains the remedies that apply where an industrial tribunal finds that there has been a contravention of one of the new rights given by Articles 77A and 77B.

New Article 77F contains interpretative and other supplementary provisions eg it provides that references to “being or becoming a member of a trade union” include references to being or becoming a member of a particular branch or section of that union or of one of a number of particular branches or sections of the union.

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