SCHEDULES

F1SCHEDULE A1E+W+S Collective Bargaining: Recognition

Textual Amendments

F1Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)

Modifications etc. (not altering text)

C1Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

Part IE+W+S Recognition

Union recognitionE+W+S

29(1)As soon as is reasonably practicable after the CAC is informed of the result of a ballot by the person conducting it, the CAC must act under this paragraph.E+W+S

[F2(1A)The duty in sub-paragraph (1) does not apply if the CAC gives a notice under paragraph 27C(3)(b).]

(2)The CAC must inform the employer and the union (or unions) of the result of the ballot.

(3)If the result is that the union is (or unions are) supported by—

(a)a majority of the workers voting, and

(b)at least 40 per cent of the workers constituting the bargaining unit,

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

(4)If the result is otherwise the CAC must issue a declaration that the union is (or unions are) not entitled to be so recognised.

(5)The Secretary of State may by order amend sub-paragraph (3) so as to specify a different degree of support; and different provision may be made for different circumstances.

(6)An order under sub-paragraph (5) shall be made by statutory instrument.

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

Textual Amendments

F2Sch. A1 para. 29(1A) inserted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 10(2), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)