SCHEDULES

F1SCHEDULE 1AN.I.COLLECTIVE BARGAINING: RECOGNITION

PART VIIIN.I.DETRIMENT

DetrimentN.I.

156.—(1) A worker has a right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer if the act or failure takes place on any of the grounds set out in sub-paragraph (2).N.I.

(2) The grounds are that—

(a)the worker acted with a view to obtaining or preventing recognition of a union (or unions) by the employer under this Schedule;

(b)the worker indicated that he supported or did not support recognition of a union (or unions) by the employer under this Schedule;

(c)the worker acted with a view to securing or preventing the ending under this Schedule of bargaining arrangements;

(d)the worker indicated that he supported or did not support the ending under this Schedule of bargaining arrangements;

(e)the worker influenced or sought to influence the way in which votes were to be cast by other workers in a ballot arranged under this Schedule;

(f)the worker influenced or sought to influence other workers to vote or to abstain from voting in such a ballot;

(g)the worker voted in such a ballot;

(h)the worker proposed to do, failed to do, or proposed to declined to do, any of the things referred to in paragraphs (a) to (g).

(3) A ground does not fall within sub-paragraph (2) if it constitutes an unreasonable act or omission by the worker.

(4) This paragraph does not apply if the worker is an employee and the detriment amounts to dismissal within the meaning of the Employment Rights Order.

(5) A worker may present a complaint to an industrial tribunal on the ground that he has been subjected to a detriment in contravention of this paragraph.

(6) Apart from the remedy by way of complaint as mentioned in sub-paragraph (5), a worker has no remedy for infringement of the right conferred on him by this paragraph.