Employment Protection Act 1975

15 Complaint of failure to comply with recommendation

(1) A recommendation for recognition made by the Service under section 12 above, so far as it relates to employees, but not so far as it relates to workers who are not employees, shall become operative for the purpose of the following provisions of this Act—

(a) in the case of an unconditional recommendation, at the end of the period of 14 days beginning with the date on which the Service's report under section 12 above is received by the employer ; and

(b) in the case of a conditional recommendation, at the end of the period of 14 days beginning with the date on which the Service, on the application of the union, notifies the employer of its opinion that the condition or all the conditions have been sufficiently complied with,

and shall remain operative except in so far as it is—

(i) superseded by agreement, whether express or implied, between the employer and the union ;

(ii) superseded by another recommendation under section 12 above; or

(iii) revoked on an application under section 13 above.

(2) Where a recommendation is operative, then at any time after the end of the period of two months beginning with the date on which it became operative, the trade union may refer in writing to the Service a complaint that the employer is at the time of the complaint, wholly or in part, not complying with the recommendation, that is to say, that he is not then taking such action by way of or with a view to carrying on negotiations as might reasonably be expected to be taken by an employer ready and willing to carry on such negotiations as are envisaged by the recommendation.

(3) When a complaint is referred to the Service under this section the Service shall attempt to settle the matter by conciliation.