Trade Union and Labour Relations (Consolidation) Act 1992

26 (1) An employer who is informed by the CAC under paragraph 25(9) must comply with the following three duties.

(2) The first duty is to co-operate generally, in connection with the ballot, with the union (or unions) and the person appointed to conduct the ballot; and the second and third duties are not to prejudice the generality of this.

(3) The second duty is to give to the union (or unions) such access to the workers constituting the bargaining unit as is reasonable to enable the union (or unions) to inform the workers of the object of the ballot and to seek their support and their opinions on the issues involved.

(4) The third duty is to do the following (so far as it is reasonable to expect the employer to do so)—

(a) to give to the CAC, within the period of 10 working days starting with the day after that on which the employer is informed under paragraph 25(9), the names and home addresses of the workers constituting the bargaining unit;

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

(c) to inform the CAC, as soon as is reasonably practicable, of any worker whose name has been given to the CAC under paragraph [F1 19D or paragraph (a) or (b) of this sub-paragraph and] who ceases to be within the unit.

[F2 (4F) Sub-paragraph (4)(a) does not apply to names and addresses that the employer has already given to the CAC 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 CAC 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) As soon as is reasonably practicable after the CAC receives any information under sub-paragraph (4) it must pass it on to the person appointed to conduct the ballot.

(6) If asked to do so by the union (or unions) the person appointed to conduct the ballot must send to any worker—

(a) whose name and home address have been [F3 passed on to him under paragraph 19D or this paragraph], and

(b) who is still within the unit (so far as the person so appointed is aware),

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

(7) The duty under sub-paragraph (6) does not apply unless the union bears (or unions bear) the cost of sending the information.

(8) Each of the following powers shall be taken to include power to issue Codes of Practice about reasonable access for the purposes of sub-paragraph (3)—

(a) the power of ACAS under section 199(1);

(b) the power of the Secretary of State under section 203(1)(a).

Textual Amendments

F1 Words in Sch A1 para. 26(4)(c) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 5(3), 59(2)-(4); S.I. 2005/872, art. 4, Sch (with arts 6-21)

F2 Sch. A1 para. 26(4F)-(4H) inserted (6.4.2005) by virtue of Employment Relations Act 2004 (c. 24), ss. 5(4), 59(2)-(4); S.I. 2005/872, art. 4, Sch (with arts. 6-21)

F3 Words in Sch. A1 para. 26(6) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 5(5), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts 6-21)