SCHEDULES

SCHEDULE 2 Union Membership: Detriment

Time limit for proceedings

3

1

Section 147 shall be amended as follows.

2

Before “An” insert “ (1) ”.

3

In paragraph (a) of subsection (1) (as created by sub-paragraph (2) above) for the words from “action to which” to “those actions” substitute “ act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both) the last of them ”.

4

After subsection (1) (as created by sub-paragraph (2) above) insert—

2

For the purposes of subsection (1)—

a

where an act extends over a period, the reference to the date of the act is a reference to the last day of that period;

b

a failure to act shall be treated as done when it was decided on.

3

For the purposes of subsection (2), in the absence of evidence establishing the contrary an employer shall be taken to decide on a failure to act—

a

when he does an act inconsistent with doing the failed act, or

b

if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.