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Employment Relations Act 2004

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Employment Relations Act 2004. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background

  3. Overview of the Act

  4. Commentary

    1. Part One: Union Recognition

      1. The procedure for recognition: Part I of Schedule A1

      2. Determination of appropriate bargaining unit

      3. Union communications with workers after acceptance of application

      4. Circumstances in which the CAC must arrange a ballot

      5. Power of the CAC to extend notification period

      6. Postal votes for workers absent from ballot at workplace

      7. Additional duties on employers informed of ballots

      8. Unfair practices in relation to recognition ballots

      9. Application where agreement does not cover pay, hours and holidays

      10. Employer’s notice to end bargaining arrangements

      11. Unfair practice in relation to derecognition ballots

      12. Appeals against demands for costs

      13. Power to amend Schedule A1 of the 1992 Act

      14. Means of communicating with workers

      15. Unfair practices: power to make provision about periods before notice of ballot

      16. Power to make provision about effect of amalgamations etc.

      17. Information about union membership and employment in bargaining unit

      18. “Pay” and other matters subject to collective bargaining

      19. Information required by Acas for ballots and ascertaining union membership

    2. Part Two: Industrial Action Law

      1. Ballots and Notices

      2. Information about employees to be balloted on industrial action

      3. Entitlement to vote in ballot on industrial action

      4. Inducement of members not accorded entitlement to vote

      5. Information about employees to be contained in notice of industrial action

      6. Protections for Striking Employees

        1. Previous position

      7. Dismissal where employees taking protected industrial action locked out

      8. Date of dismissal

      9. Dismissal after end of protected period

      10. New Section 238B

    3. Part Three: Rights of Trade Union Members, Workers and Employees

      1. Inducements and detriments in respect of membership etc. of independent trade unions

      2. Inducements relating to union membership or activities

      3. New section 145A

      4. New section 145B

      5. New section 145C

      6. New section 145D

      7. New section 145E

      8. New section 145F

      9. Extension of protection against detriment for union membership etc.

      10. Detriment for use of union services or refusal of inducement

      11. Dismissal for use of union services or refusal of inducement

      12. Exclusion and expulsion from trade unions

        1. The previous position

      13. Exclusion or expulsion from trade union attributable to conduct

      14. Applications no longer to be made to Employment Appeal Tribunal

      15. Other rights of workers and employees

        1. Disapplication of qualifying period and upper age limit for unfair dismissal

      16. National security:  powers of employment tribunals

      17. Right to be accompanied

      18. Role of companion at disciplinary or grievance hearing

      19. Extension of jurisdiction of Employment Appeal Tribunal

      20. Ways in which provisions conferring rights on individuals may be made

      21. Protection of employees in respect of jury service

      22. Flexible working

      23. Information and Consultation: Great Britain

      24. Information & Consultation: Northern Ireland

    4. Part Four: Enforcement of Minimum Wage Legislation

      1. Enforcement notices

      2. Withdrawal and replacement of enforcement notice

      3. New section 22A (withdrawal of enforcement notices)

      4. New section 22B  (replacement of enforcement notices)

      5. New section 22C (effect of replacing an enforcement notice on penalties)

      6. New section 22D (effect of replacement on appeals and civil proceedings where section 22A(3) not applied).

      7. New section 22E (withdrawal of penalty notices)

        1. Section 22F (replacement of penalty notice)

      8. Enforcement officers for the agricultural wages legislation

    5. Part 5: the Certification Officer

      1. Sections 48 and 49

        1. Striking out by Certification Officer of applications or complaints

        2. Restriction of proceedings orders: proceedings before the Certification Officer

        3. Amalgamations: approval; listing and certification

        4. Restriction of grounds of appeal from Certification Officer

    6. Part 6: Miscellaneous

      1. Additional case in which election for president of union not required

      2. Removal of rule preventing appointment of body corporate as auditor

      3. Means of voting in ballots and elections

      4. Provision of money for trade union modernisation

      5. New section 116A

  5. Supplementary Provisions

    1. Corresponding Provision for Northern Ireland

      1. Schedule 1 (minor and consequential amendments)

  6. Commencement Date

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


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