F1PART IVAF1COLLECTIVE BARGAINING: RECOGNITION

Annotations:
Amendments (Textual)

Article 44B: complaint to industrial tribunal44C

1

A trade union may present a complaint to an industrial tribunal that an employer has failed to comply with his obligations under Article 44B in relation to a bargaining unit.

2

An industrial tribunal shall not consider a complaint under this Article unless it is presented—

a

before the end of the period of three months beginning with the date of the alleged failure, or

b

within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

3

Where an industrial tribunal finds a complaint under this Article well-founded it—

a

shall make a declaration to that effect, and

b

may make an award of compensation to be paid by the employer to each person who was, at the time when the failure occurred, a member of the bargaining unit.

4

The amount of the award shall not, in relation to each person, exceed two weeks' pay.

5

For the purpose of paragraph (4) a week's pay—

a

shall be calculated in accordance with Chapter IV of Part I of the Employment Rights Order (taking the date of the employer's failure as the calculation date), and

b

shall be subject to the limit in Article 23(1) of that Order.

6

Proceedings for enforcement of an award of compensation under this Article—

a

may, in relation to each person to whom compensation is payable, be commenced by that person, and

b

may not be commenced by a trade union.