Trade Union and Labour Relations (Consolidation) Act 1992
Part I Trade Unions
Chapter I Introductory
Meaning of “trade union"
1 Meaning of “trade union".
The list of trade unions
2 The list of trade unions.
3 Application to have name entered in the list.
4 Removal of name from the list.
Certification as independent trade union
5 Meaning of “independent trade union".
6 Application for certificate of independence.
7 Withdrawal or cancellation of certificate.
8 Conclusive effect of Certification Officer’s decision.
Supplementary
9 Appeal against decision of Certification Officer.
Chapter II Status and property of trade unions
General
10 Quasi-corporate status of trade unions.
11 Exclusion of common law rules as to restraint of trade.
Property of trade union
12 Property to be vested in trustees.
13 Vesting of property in new trustees.
14 Transfer of securities held in trust for trade union.
15 Prohibition on use of funds to indemnify unlawful conduct.
16 Remedy against trustees for unlawful use of union property.
17 Nominations by members of trade unions.
18 Payments out of union funds on death of member.
19 Application of certain provisions relating to industrial assurance or friendly societies.
Liability of trade unions in proceedings in tort
20 Liability of trade union in certain proceedings in tort.
21 Repudiation by union of certain acts.
22 Limit on damages awarded against trade unions in actions in tort.
Restriction on enforcement against certain property
23 Restriction on enforcement of awards against certain property.
Chapter III Trade union administration
Register of members’ names and addresses
24 Duty to maintain register of members’ names and addresses.
24ZADuty to provide membership audit certificate
24ZBDuty to appoint an assurer
24ZCAppointment and removal of an assurer
24ZDRequirements of assurer's membership audit certificate
24ZERights of assurer
24ZFDuty to inform the Certification Officer
24ZGDuty of confidentiality
24ZHPower of Certification Officer to require production of documents etc
24ZIInvestigations by inspectors
24ZJInspectors' reports etc
24ZKSections 24ZH and 24ZI: supplementary
24ASecuring confidentiality of register during ballots.
24BEnforcement of sections 24 to 24ZC by Certification Officer
24CEnforcement of sections 24ZH and 24ZI by Certification Officer
25 Remedy for failure: application to Certification Officer.
26 Remedy for failure: application to court.
Duty to supply copy of rules
27 Duty to supply copy of rules.
Accounting records
28 Duty to keep accounting records.
29 Duty to keep records available for inspection.
30 Right of access to accounting records.
31 Remedy for failure to comply with request for access.
Annual return, accounts and audit
32 Annual return.
32ZADetails of industrial action etc to be included in annual return
32ZBDetails of political expenditure to be included in annual return
32ZCEnforcement of sections 32ZA and 32ZB by Certification Officer
32AStatement to members following annual return.
33 Duty to appoint auditors.
34 Eligibility for appointment as auditor.
35 Appointment and removal of auditors.
36 Auditors’ report.
37 Rights of auditors.
Investigation of financial affairs
37A Power of Certification Officer to require production of documents etc.
37B Investigations by inspectors.
37C Inspectors’ reports etc.
37D Expenses of investigations.
37E Sections 37A and 37B: supplementary.
Members’ superannuation schemes
38 Members’ superannuation schemes: separate fund to be maintained.
39 Examination of proposals for new scheme.
40 Periodical re-examination of existing schemes.
41 Powers of the Certification Officer.
42 Meaning of “appropriately qualified actuary".
Supplementary
43 Newly-formed trade unions.
44 Discharge of duties in case of union having branches or sections.
45 Offences.
45APenalties and prosecution time limits.
45BDuty to secure positions not held by certain offenders.
45CRemedies and enforcement.
45D Appeals from Certification Officer.
Chapter IV Elections for certain positions
Duty to hold elections
46 Duty to hold elections for certain positions.
Requirements to be satisfied with respect to elections
47 Candidates.
48 Election addresses.
49 Appointment of independent scrutineer.
50 Entitlement to vote.
51 Voting.
51ACounting of votes etc. by independent person.
52 Scrutineer’s report.
53 Uncontested elections.
Remedy for failure to comply with requirements
54 Remedy for failure to comply with requirements: general.
55 Powers of Certification Officer.
56 Application to court.
56A Appeals from Certification Officer.
Supplementary
57 Exemption of newly-formed trade unions, &c.
58 Exemption of certain persons nearing retirement.
59 Period for giving effect to election.
60 Overseas members.
61 Other supplementary provisions.
Chapter V Rights of trade union members
Right to a ballot before industrial action
62 Right to a ballot before industrial action.
Right not to be denied access to the courts
63 Right not to be denied access to the courts.
Right not to be unjustifiably disciplined
64 Right not to be unjustifiably disciplined.
65 Meaning of “unjustifiably disciplined".
66 Complaint of infringement of right.
67 Further remedies for infringement of right.
Right not to suffer deduction of unauthorised or excessive union subscriptions
68 Right not to suffer deduction of unauthorised subscriptions
68AComplaint of infringement of rights.
Right to terminate membership of union
69 Right to terminate membership of union.
Supplementary
70 Membership of constituent or affiliated organisation.
Chapter VA Collective bargaining: recognition
70A Recognition of trade unions.
70B Training.
70C Section 70B: complaint to employment tribunal.
Chapter VI Application of funds for political objects
Restriction on use of funds for certain political objects
71 Restriction on use of funds for political objects.
72 Political objects to which restriction applies.
72A Application of funds in breach of section 71.
Political resolution
73 Passing and effect of political resolution.
74 Approval of political ballot rules.
75 Appointment of independent scrutineer.
76 Entitlement to vote.
77 Voting.
77A Counting of votes etc. by independent person.
78 Scrutineer’s report.
79 Remedy for failure to comply with ballot rules: general.
80 Powers of Certification Officer.
81 Application to court.
The political fund
82 Rules as to political fund.
83 Assets and liabilities of political fund.
84 Contributions to political fund from members of the union
84AInformation to members about contributing to political fund
85 Manner of giving effect to section 84
Duties of employer who deducts union contributions
86Employer not to deduct contributions where member gives certificate
87 Complaint in respect of employer’s failure.
88 Duties of employer who deducts union contributions
Position where political resolution ceases to have effect
89 Administration of political fund where no resolution in force.
90 Discontinuance of contributions to political fund.
91 Rules to cease to have effect.
Supplementary
92 Manner of making union rules.
93 Effect of amalgamation.
94 Overseas members of trade union.
95 Appeals from Certification Officer.
96 Meaning of “date of the ballot".
Chapter VII Amalgamations and similar matters
Amalgamation or transfer of engagements
97 Amalgamation or transfer of engagements.
98 Approval of instrument of amalgamation or transfer.
99 Notice to be given to members.
100 Requirement of ballot on resolution.
100A Appointment of independent scrutineer.
100B Entitlement to vote.
100C Voting.
100D Counting of votes etc. by independent person.
100E Scrutineer’s report.
101 Registration of instrument of amalgamation or transfer.
101AListing and certification after amalgamation
101BSupply of information by amalgamated union
102 Power to alter rules of transferee union for purposes of transfer.
103 Powers of Certification Officer as regards passing of resolution.
104 Appeal from decision of Certification Officer.
105 Transfer of property on amalgamation or transfer.
106 Amalgamation or transfer involving Northern Ireland union.
Change of name
107 Change of name of trade union.
Supplementary
108 General power to make regulations.
CHAPTER VIIA BREACH OF RULES
108A Right to apply to Certification Officer.
108B Declarations and orders.
108C Appeals from Certification Officer.
Chapter VIII Assistance for certain legal proceedings
109 Proceedings in relation to which assistance may be provided.
110 Application for assistance: its consideration.
111 Provision of assistance.
112 Title of proceedings where assistance provided.
113 Recovery of sums paid in case of fraud.
114 Supplementary provisions.
Chapter IX Miscellaneous and general provisions
Further provisions with respect to ballots
115 Miscellaneous and general provisions
116 Miscellaneous and general provisions
Union modernisation
116AProvision of money for union modernisation
Deduction of trade union subscriptions from wages
116BRestriction on deduction of union subscriptions from wages in public sector
Exceptions and adaptations for certain bodies
117 Special register bodies.
118 Federated trade unions.
Interpretation
119 Expressions relating to trade unions.
120 Northern Ireland unions.
121 Meaning of “the court".
Part II Employers’ Associations
Introductory
122 Meaning of “employers’ association".
The list of employers’ associations
123 The list of employers’ associations.
124 Application to have name entered in the list.
125 Removal of name from the list.
126 Appeal against decision of Certification Officer.
Status and property of employers’ associations
127 Corporate or quasi-corporate status of employers’ associations.
128 Exclusion of common law rules as to restraint of trade.
129 Property of unincorporated employers’ associations, &c.
130 Restriction on enforcement of awards against certain property.
Administration of employers’ associations
131 Administrative provisions applying to employers’ associations.
Application of funds for political objects
132 Application of funds for political objects.
Amalgamations and similar matters
133 Amalgamations and transfers of engagements.
134 Change of name of employers’ association.
General
135 Federated employers’ associations.
136 Meaning of “officer" of employers’ association.
Part III Rights in relation to union membership and activities
Access to employment
137 Refusal of employment on grounds related to union membership.
138 Refusal of service of employment agency on grounds related to union membership.
139 Time limit for proceedings.
140 Remedies.
141 Complaint against employer and employment agency.
142 Awards against third parties.
143 Interpretation and other supplementary provisions.
Contracts for supply of goods or services
144 Union membership requirement in contract for goods or services void.
145 Refusal to deal on union membership grounds prohibited.
Inducements
145AInducements relating to union membership or activities
145BInducements relating to collective bargaining
145CTime limit for proceedings
145DConsideration of complaint
145ERemedies
145FInterpretation and other supplementary provisions
Detriment
146Detriment on grounds related to union membership or activities.
147 Time limit for proceedings.
148 Consideration of complaint.
149 Remedies.
150 Awards against third parties.
151 Interpretation and other supplementary provisions.
Dismissal of employee
152 Dismissal of employee on grounds related to union membership or activities.
153 Selection for redundancy on grounds related to union membership or activities.
154Disapplication of qualifying period and upper age limit for unfair dismissal
155 Matters to be disregarded in assessing contributory fault.
156Minimum basic award.
157 Special award of compensation.
158 Amount of special award.
159 Power to increase sums by order.
160 Awards against third parties.
161 Application for interim relief.
162 Application to be promptly determined.
163 Procedure on hearing of application and making of order.
164 Order for continuation of contract of employment.
165 Application for variation or revocation of order.
166 Consequences of failure to comply with order.
167 Interpretation and other supplementary provisions.
Time off for trade union duties and activities
168 Time off for carrying out trade union duties.
168A Time off for union learning representatives
169 Payment for time off under section 168.
170 Time off for trade union activities.
171 Time limit for proceedings.
172 Remedies.
172APublication requirements in relation to facility time
172BReserve powers in relation to facility time
173 Intepretation and other supplementary provisions.
Right to membership of trade union
174Right not to be excluded or expelled from union.
175Time limit for proceedings.
176Remedies.
177Interpretation and other supplementary provisions.
Part IV Industrial Relations
Chapter I Collective bargaining
Introductory
178 Collective agreements and collective bargaining.
Enforceability of collective agreements
179Whether agreement intended to be a legally enforceable contract.
180 Effect of provisions restricting right to take industrial action.
Disclosure of information for purposes of collective bargaining
181 General duty of employers to disclose information.
182 Restrictions on general duty.
183 Complaint of failure to disclose information.
184 Further complaint of failure to comply with declaration.
185 Determination of claim and award.
Prohibition of union recognition requirements
186 Recognition requirement in contract for goods or services void.
187 Refusal to deal on grounds of union exclusion prohibited.
Chapter II Procedure for Handling Redundancies
Duty of employer to consult . . . representatives
188 Duty of employer to consult . . . representatives.
188A(1) The requirements for the election of employee representatives under...
189 Complaint . . . and protective award.
190 Entitlement under protective award.
191 Termination of employment during protected period.
192 Complaint by employee to employment tribunal.
Duty of employer to notify Secretary of State
193 Duty of employer to notify Secretary of State of certain redundancies.
193ADuty of employer to notify competent authority of a vessel’s...
194 Offence of failure to notify.
Supplementary provisions
195Construction of references to dismissal as redundant etc.
196 Construction of references to representatives.
197 Power to vary provisions.
198 Power to adapt provisions in case of collective agreement.
198AEmployees being transferred to the employer from another undertaking
198BSection 198A: supplementary
Chapter III Codes of Practice
Codes of Practice issued by ACAS
199 Issue of Codes of Practice by ACAS.
200Procedure for issue of Code by ACAS.
201 Consequential revision of Code issued by ACAS.
202 Revocation of Code issued by ACAS.
Codes of Practice issued by the Secretary of State
203 Issue of Codes of Practice by the Secretary of State.
204 Procedure for issue of Code by Secretary of State.
205 Consequential revision of Code issued by Secretary of State.
206 Revocation of Code issued by Secretary of State.
Supplementary provisions
207 Effect of failure to comply with Code.
207AEffect of failure to comply with Code: adjustment of awards
208 Provisions of earlier Code superseded by later.
Chapter IV General
Functions of ACAS
209 General duty to promote improvement of industrial relations.
210 Conciliation.
210AInformation required by ACAS for purposes of settling recognition disputes
211 Conciliation officers.
212 Arbitration.
212A Arbitration scheme for unfair dismissal cases etc.
212B Dismissal procedures agreements.
213Advice.
214 Inquiry.
Courts of inquiry
215 Inquiry and report by court of inquiry.
216 Constitution and proceedings of court of inquiry.
Supplementary provisions
217 Exclusion of power of arbiter to state case to Court of Session.
218 Meaning of “trade dispute" in Part IV.
Part VIndustrial action
Protection of acts in contemplation or furtherance of trade dispute
219Protection from certain tort liabilities.
220Peaceful picketing.
220AUnion supervision of picketing
221Restrictions on grant of injunctions and interdicts.
Action excluded from protection
222Action to enforce trade union membership.
223Action taken because of dismissal for taking unofficial action.
224Secondary action.
225Pressure to impose union recognition requirement.
Requirement of ballot before action by trade union
226Requirement of ballot before action by trade union.
226ANotice of ballot and sample voting paper for employers.
226BAppointment of scrutineer.
226CExclusion for small ballots.
227Entitlement to vote in ballot.
228Separate workplace ballots.
228ASeparate workplaces: single and aggregate ballots.
229Voting paper.
230Conduct of ballot.
231Information as to result of ballot.
231AEmployers to be informed of ballot result.
231BScrutineer’s report.
232Balloting of overseas members.
232AInducement of member denied entitlement to vote.
232BSmall accidental failures to be disregarded.
233Calling of industrial action with support of ballot.
234Period after which ballot ceases to be effective.
Requirement on trade union to give notice of industrial action
234ANotice to employers of industrial action.
Minimum service levels for certain services
234BPower of Secretary of State to specify minimum service levels
234CWork notices relating to minimum service levels
234DWork notices: disclosure of information
234EWork notices: no protection if union fails to take reasonable steps
234FRegulations: consultation and supplementary
234GInterpretation of terms relating to minimum service levels
Construction of references to contract of employment
235Construction of references to contract of employment.
Industrial action affecting supply of goods or services to an individual
235AIndustrial action affecting supply of goods or services to an individual.
235B Industrial action
235C Industrial action
No compulsion to work
236No compulsion to work.
Loss of unfair dismissal protection
237Dismissal of those taking part in unofficial industrial action.
238Dismissals in connection with other industrial action.
238AParticipation in official industrial action.
238BConciliation and mediation: supplementary provisions
239Supplementary provisions relating to unfair dismissal.
Criminal offences
240Breach of contract involving injury to persons or property.
241Intimidation or annoyance by violence or otherwise.
242Restriction of offence of conspiracy: England and Wales.
243Restriction of offence of conspiracy: Scotland.
Supplementary
244Meaning of “trade dispute" in Part V.
245Crown employees and contracts.
246Minor definitions.
Part VI Administrative provisions
ACAS
247 ACAS.
248 The Council of ACAS.
249 Terms of appointment of members of Council.
250 Remuneration, &c. of members of Council.
251 Secretary, officers and staff of ACAS.
251AFees for exercise of functions by ACAS.
251BProhibition on disclosure of information
252 General financial provisions.
253 Annual report and accounts.
The Certification Officer
254 The Certification Officer.
255 Remuneration, &c. of Certification Officer and assistants.
256 Procedure before the Certification Officer.
256ZAStriking out
256A Vexatious litigants.
256B Vexatious litigants: applications disregarded.
256CInvestigatory powers
256DPower to impose financial penalties
257 Custody of documents submitted under earlier legislation.
257ALevy payable to Certification Officer
258 Annual report and accounts.
Central Arbitration Committee
259 The Central Arbitration Committee.
260 The members of the Committee.
261 Terms of appointment of members of Committee.
262 Remuneration, &c. of members of Committee.
263 Proceedings of the Committee.
263A Proceedings of the Committee under Schedule A1.
264 Awards of the Committee.
265 Annual report and accounts.
. . .
266 Administrative provisions
267.
268.
269.
270.
271.
Supplementary
272 Meaning of financial year.
Part VII Miscellaneous and general
Crown employment, etc.
273 Crown employment.
274 Armed forces.
275 Exemption on grounds of national security.
276 Further provision as to Crown application.
House of Lords and House of Commons staff
277 House of Lords staff.
278 House of Commons staff.
Health service practitioners
279 Health service practitioners.
Police service
280 Police service.
Excluded classes of employment
281 Part-time employment.
282 Fixed term employment
283 Mariners.
284 Share fishermen.
285 Employment outside Great Britain.
286 Power to make further provision as to excluded classes of employment.
Offshore employment
287 Offshore employment.
Contracting out, &c.
288 Restriction on contracting out.
289 Employment governed by foreign law.
Employment tribunal proceedings
290 General provisions as to conciliation.
291 Right of appeal from industrial tribunal.
Other supplementary provisions
292 Death of employee or employer.
292AExtension of time limits to facilitate conciliation before institution of proceedings
293 Regulations.
294 Reciprocal arrangements with Northern Ireland.
Interpretation
295 Meaning of employee and related expressions.
296 Meaning of worker and related expressions.
297 Associated employers.
297AMeaning of “voting”
297BDevolved Welsh authorities
298 Minor definitions: general.
299Index of defined expressions.
Final provisions
300 Repeals, consequential amendments, transitional provisions and savings.
301 Extent.
302 Commencement.
303 Short title.
SCHEDULES
SCHEDULE A1 Collective Bargaining: Recognition
Part I Recognition
Introduction
1A trade union (or trade unions) seeking recognition to be...
2(1) This paragraph applies for the purposes of this Part...
3(1) This paragraph applies for the purposes of this Part...
Request for recognition
4(1) The union or unions seeking recognition must make a...
5The request is not valid unless it is received by...
6The request is not valid unless the union (or each...
7(1) The request is not valid unless the employer, taken...
8The request is not valid unless it—
9The Secretary of State may by order made by statutory...
Parties agree
10(1) If before the end of the first period the...
Employer rejects request
11(1) This paragraph applies if— (a) before the end of...
Negotiations fail
12(1) Sub-paragraph (2) applies if— (a) the employer informs the...
Acceptance of applications
13The CAC must give notice to the parties of receipt...
14(1) This paragraph applies if— (a) two or more relevant...
15(1) This paragraph applies to these applications—
16(1) If an application under paragraph 19F(5) or 11 or...
Notice to cease consideration of application
17(1) This paragraph applies if the CAC has received an...
Appropriate bargaining unit
18(1) If the CAC accepts an application under paragraph 11(2)...
18A(1) This paragraph applies if the CAC accepts an application...
19(1) This paragraph applies if— (a) the CAC accepts an...
19A(1) This paragraph applies if— (a) the CAC accepts an...
19B(1) This paragraph applies if the CAC has to decide...
Union communications with workers after acceptance of application
19C(1) This paragraph applies if the CAC accepts an application...
19D(1) An employer who is informed by the CAC under...
19E(1) During the initial period, the appointed person must if...
19F(1) If the CAC is satisfied that the employer has...
Union recognition
20(1) This paragraph applies if— (a) the CAC accepts an...
21(1) This paragraph applies if— (a) the CAC accepts an...
22(1) This paragraph applies if— (a) the CAC proceeds with...
23(1) This paragraph applies if— (a) the CAC proceeds with...
24(1) This paragraph applies if the CAC gives notice under...
25(1) This paragraph applies if the CAC arranges under paragraph...
26(1) An employer who is informed by the CAC under...
27(1) If the CAC is satisfied that the employer has...
27A(1) Each of the parties informed by the CAC under...
27B(1) A party may complain to the CAC that another...
27C(1) This paragraph applies if the CAC decides that a...
27D(1) This paragraph applies if the CAC issues a declaration...
27E(1) This paragraph applies if the CAC issues a declaration...
27F(1) This paragraph applies if the CAC gives a notice...
28(1) This paragraph applies if the holding of a ballot...
29(1) As soon as is reasonably practicable after the CAC...
30(1) This paragraph applies if the CAC issues a declaration...
31(1) This paragraph applies if an application for assistance is...
Method not carried out
32(1) This paragraph applies if— (a) the CAC issues a...
General provisions about admissibility
33An application under paragraph 11 or 12 is not admissible...
34An application under paragraph 11 or 12 is not admissible...
35(1) An application under paragraph 11 or 12 is not...
36(1) An application under paragraph 11 or 12 is not...
37(1) This paragraph applies to an application made by more...
38(1) This paragraph applies if— (a) the CAC accepts a...
39(1) This paragraph applies if the CAC accepts a relevant...
40(1) This paragraph applies if the CAC issues a declaration...
41(1) This paragraph applies if the CAC issues a declaration...
42(1) This paragraph applies for the purposes of paragraphs 39...
43(1) Paragraphs 44 to 50 apply if the CAC has...
44(1) The application in question is invalid if the CAC...
45The application in question is invalid unless the CAC decides...
46(1) This paragraph applies if— (a) the CAC accepts an...
47(1) This paragraph applies if the CAC accepts an application...
48(1) This paragraph applies if the CAC issues a declaration...
49(1) This paragraph applies if the CAC issues a declaration...
50(1) This paragraph applies for the purposes of paragraphs 47...
Competing applications
51(1) For the purposes of this paragraph—
Part II Voluntary Recognition
Agreements for recognition
52(1) This paragraph applies for the purposes of this Part...
Other interpretation
53(1) This paragraph applies for the purposes of this Part...
54(1) This paragraph applies for the purposes of this Part...
Determination of type of agreement
55(1) This paragraph applies if one or more of the...
Termination of agreement for recognition
56(1) The employer may not terminate an agreement for recognition...
57(1) If an agreement for recognition is terminated, as from...
Application to CAC to specify method
58(1) This paragraph applies if the parties make an agreement...
59(1) This paragraph applies if— (a) the parties to an...
60(1) This paragraph applies if an application for assistance is...
61(1) An application to the CAC is not admissible unless—...
CAC’s response to application
62(1) The CAC must give notice to the parties of...
63(1) If the CAC accepts an application it must try...
Part III Changes affecting bargaining unit
Introduction
64(1) This Part of this Schedule applies if—
65References in this Part of this Schedule to the parties...
Either party believes unit no longer appropriate
66(1) This paragraph applies if the employer believes or the...
67(1) An application under paragraph 66 is not admissible unless...
68(1) The CAC must give notice to the parties of...
69(1) This paragraph applies if— (a) the CAC gives notice...
70(1) This paragraph applies if— (a) the CAC gives notice...
71If the CAC gives notice under paragraph 70 of a...
72Paragraph 82 applies if the CAC gives notice under paragraph...
73(1) This paragraph applies if— (a) the parties agree under...
Employer believes unit has ceased to exist
74(1) If the employer— (a) believes that the original unit...
75(1) Paragraph 76 applies if— (a) the CAC gives notice...
76(1) The CAC must give notice to the parties of...
77(1) If the CAC accepts an application it—
78(1) This paragraph applies if— (a) the CAC gives notice...
79(1) This paragraph applies if— (a) the CAC gives notice...
80Paragraph 82 applies if the CAC gives notice under paragraph...
81(1) This paragraph applies if— (a) the parties agree under...
Position where CAC decides new unit
82(1) This paragraph applies if the CAC gives notice under...
83(1) This paragraph applies if in the CAC’s opinion the...
84(1) This paragraph applies if in the CAC’s opinion the...
85(1) If the CAC’s opinion is not that mentioned in...
86(1) This paragraph applies if the CAC decides under paragraph...
87(1) This paragraph applies if— (a) the CAC decides both...
88(1) This paragraph applies if— (a) the CAC decides both...
89(1) If the CAC gives notice under paragraph 87(3) or...
Residual workers
90(1) This paragraph applies if— (a) the CAC decides an...
91(1) This paragraph applies if— (a) the CAC has proceeded...
Applications under this Part
92(1) An application to the CAC under this Part of...
Withdrawal of application
93(1) If an application under paragraph 66 or 75 is...
Meaning of collective bargaining
94(1) This paragraph applies for the purposes of this Part...
Method of collective bargaining
95(1) This paragraph applies for the purposes of this Part...
Part IV Derecognition: General
Introduction
96(1) This Part of this Schedule applies if the CAC...
97For the purposes of this Part of this Schedule the...
98References in this Part of this Schedule to the parties...
Employer employs fewer than 21 workers
99(1) This paragraph applies if— (a) the employer believes that...
99A(1) A notice given for the purposes of paragraph 99(2)...
100(1) If an employer gives notice for the purposes of...
101(1) This paragraph applies if— (a) the CAC gives notice...
102(1) The CAC must give notice to the parties of...
103(1) If the CAC accepts an application it—
Employer’s request to end arrangements
104(1) This paragraph and paragraphs 105 to 111 apply if...
105(1) If before the end of the first period the...
106(1) This paragraph applies if— (a) before the end of...
107(1) This paragraph applies if — (a) the union informs...
108(1) An application under paragraph 106 or 107 is not...
109(1) An application under paragraph 106 or 107 is not...
110(1) An application under paragraph 106 or 107 is not...
111(1) The CAC must give notice to the parties of...
Workers’ application to end arrangements
112(1) A worker or workers falling within the bargaining unit...
113(1) An application under paragraph 112 is not admissible if—...
114(1) An application under paragraph 112 is not admissible unless...
115(1) The CAC must give notice to the worker (or...
116(1) If the CAC accepts the application, in the negotiation...
Ballot on derecognition
117(1) This paragraph applies if the CAC accepts an application...
118(1) An employer who is informed by the CAC under...
119(1) If the CAC is satisfied that the employer has...
119A(1) Each of the parties informed by the CAC under...
119B(1) A party may complain to the CAC that another...
119C(1) This paragraph applies if the CAC decides that a...
119D(1) This paragraph applies if the CAC issues a declaration...
119E(1) This paragraph applies if the CAC issues a declaration...
119F(1) This paragraph applies if the CAC makes arrangements under...
119G(1) Paragraphs 119A to 119C, 119E and 119F apply in...
119H(1) This paragraph applies in relation to an application under...
119I(1) This paragraph applies if— (a) a ballot has been...
120(1) This paragraph applies if the holding of a ballot...
121(1) As soon as is reasonably practicable after the CAC...
Part V Derecognition where recognition automatic
Introduction
122(1) This Part of this Schedule applies if—
123(1) This Part of this Schedule also applies if—
124(1) This Part of this Schedule also applies if the...
125For the purposes of this Part of this Schedule the...
126References in this Part of this Schedule to the parties...
Employer’s request to end arrangements
127(1) The employer may after the relevant date request the...
128(1) If before the end of the negotiation period the...
129(1) An application under paragraph 128 is not admissible unless—...
130(1) An application under paragraph 128 is not admissible if—...
131(1) An application under paragraph 128 is not admissible unless...
132(1) The CAC must give notice to the parties of...
Ballot on derecognition
133(1) Paragraph 117 applies if the CAC accepts an application...
Part VI Derecognition where union not independent
Introduction
134(1) This Part of this Schedule applies if—
135In this Part of this Schedule— (a) references to the...
136The meaning of collective bargaining given by section 178(1) shall...
Workers’ application to end arrangements
137(1) A worker or workers falling within the bargaining unit...
138An application under paragraph 137 is not admissible if the...
139(1) An application under paragraph 137 is not admissible unless...
140An application under paragraph 137 is not admissible if the...
141(1) The CAC must give notice to the worker (or...
142(1) If the CAC accepts the application, in the negotiation...
143(1) This paragraph applies if— (a) the CAC accepts an...
144(1) This paragraph applies if the CAC is subsequently satisfied...
145(1) This paragraph applies if the CAC is subsequently satisfied...
146(1) This paragraph applies if— (a) the CAC accepts an...
Ballot on derecognition
147(1) Paragraph 117 applies if— (a) the CAC accepts an...
Derecognition: other cases
148(1) This paragraph applies if as a result of a...
Part VII Loss of independence
Introduction
149(1) This Part of this Schedule applies if the CAC...
150(1) This Part of this Schedule also applies if—
151References in this Part of this Schedule to the parties...
Loss of certificate
152(1) This paragraph applies if— (a) only one union is...
Certificate re-issued
153(1) This paragraph applies if— (a) only one union is...
Miscellaneous
154Parts III to VI of this Schedule shall not apply...
155If— (a) by virtue of paragraph 153 the bargaining arrangements...
Part VIII Detriment
Detriment
156(1) A worker has a right not to be subjected...
157(1) An employment tribunal shall not consider a complaint under...
158On a complaint under paragraph 156 it shall be for...
159(1) If the employment tribunal finds that a complaint under...
160(1) If the employment tribunal finds that a complaint under...
Dismissal
161(1) For the purposes of Part X of the Employment...
Selection for redundancy
162For the purposes of Part X of the Employment Rights...
Employees with fixed-term contracts
163Section 197(1) of the Employment Rights Act 1996 (fixed-term contracts)...
Exclusion of requirement as to qualifying period
164Sections 108 and 109 of the Employment Rights Act 1996...
Meaning of worker’s contract
165References in this Part of this Schedule to a worker’s...
Part IX General
Rights of appeal against demands for costs
165A(1) This paragraph applies where a demand has been made...
Power to amend
166(1) This paragraph applies if the CAC represents to the...
166A(1) This paragraph applies in relation to any provision of...
166B(1) The Secretary of State may by order provide that,...
Guidance
167(1) The Secretary of State may issue guidance to the...
Method of conducting collective bargaining
168(1) After consulting ACAS the Secretary of State may by...
Directions about certain applications
169(1) The Secretary of State may make to the CAC...
Effect of union amalgamations and transfers of engagements
169A(1) The Secretary of State may by order make provision...
Effect of change of identity of employer
169B(1) The Secretary of State may by order make provision...
Orders under paragraphs 169A and 169B: supplementary
169C(1) An order under paragraph 169A or 169B may—
Directions about certain applications
169(1) The Secretary of State may make to the CAC...
Notice of declarations
170(1) If the CAC issues a declaration under this Schedule...
Supply of information to CAC
170A(1) The CAC may, if it considers it necessary to...
CAC’s general duty
171In exercising functions under this Schedule in any particular case...
“Pay” and other matters subject to collective bargaining
171A(1) In this Schedule “ pay ” does not include...
General interpretation
172(1) References in this Schedule to the CAC are to...
SCHEDULE A2Tribunal jurisdictions to which section 207A applies
... ... ... Section 145A of this Act (inducements relating...
SCHEDULE A3Certification Officer: investigatory powers
Introduction
1(1) The following are “ relevant obligations ” for the...
Power of Certification Officer to require production of documents etc
2(1) If the Certification Officer thinks there is good reason...
Investigation by inspectors
3(1) If the Certification Officer has reasonable grounds to suspect...
Inspectors' reports etc
4(1) An inspector or inspectors appointed under paragraph 3—
Enforcement of paragraphs 2 and 3 by Certification Officer
5(1) Where the Certification Officer is satisfied that a trade...
Supplementary
6(1) Nothing in this Schedule requires or authorises anyone to...
SCHEDULE A4Certification Officer: power to impose financial penalties
Introduction
1(1) In this Schedule “ enforcement order ” means an...
Power to impose financial penalties
2(1) Where the Certification Officer— (a) makes an enforcement order,...
Enforcement of conditional penalty order
3(1) This paragraph applies where the Certification Officer has made...
Representations
4Before making a penalty order or a conditional penalty order,...
Appeals
5A person in default may appeal to the Employment Appeal...
Amount of penalty
6(1) The amount specified in a penalty order or a...
Early or late payment, and enforcement
7(1) In relation to orders under this Schedule requiring payment...
Regulations
8(1) Regulations may make provision that is incidental or supplementary...
Payment of penalties etc into Consolidated Fund
9The Certification Officer shall pay into the Consolidated Fund amounts...
SCHEDULE 1 Repeals
SCHEDULE 2 Consequential amendments
Parliamentary Commissioner Act 1967 (c.13)
1 Consequential amendments
Transport Act 1968 (c.73)
2 Consequential amendments
...
3(1) The Equal Pay Act 1970 is amended as follows....
House of Commons Disqualification Act 1975 (c.24)
4(1) The House of Commons Disqualification Act 1975 is amended...
Social Security Pensions Act 1975 (c.60)
5 Consequential amendments
Sex Discrimination Act 1975 (c.65)
6In Part VIII of the Sex Discrimination Act 1975 (supplementary...
Race Relations Discrimination Act 1976 (c.74)
7In Part X of the Race Relations Act 1976 (supplementary...
Aircraft and Shipbuilding Industries Act 1977 (c.3)
8(1) The Aircraft and Shipbuilding Industries Act 1977 is amended...
Patents Act 1977 (c.37)
9In section 40 of the Patents Act 1977 (compensation for...
House of Commons (Administration) Act 1978 (c.36)
10In Schedule 1 to the House of Commons (Administration) Act...
Employment Protection (Consolidation) Act 1978 (c.44)
11 Consequential amendments
12 Consequential amendments
13 Consequential amendments
14 Consequential amendments
15 Consequential amendments
16 Consequential amendments
17 Consequential amendments
18 Consequential amendments
19 Consequential amendments
20 Consequential amendments
21 Consequential amendments
22 Consequential amendments
23 Consequential amendments
24 Consequential amendments
25 Consequential amendments
Crown Agents Act 1979 (c.43)
26 Consequential amendments
Agricultural Training Board Act 1982 (c.9)
27 Consequential amendments
Industrial Training Act 1982 (c.10)
28In section 21 of the Industrial Training Act 1982 (short...
Oil and Gas (Enterprise) Act 1982 (c.23)
29 Consequential amendments
Employment Act 1982 (c.46)
30 Consequential amendments
Insurance Companies Act 1982 (c.50)
31In section 2(2) of the Insurance Companies Act 1982 (exceptions...
Value Added Tax Act 1983 (c.55)
32 Consequential amendments
Insolvency Act 1986 (c.45)
33 Consequential amendments
Wages Act 1986 (c.48)
34 Consequential amendments
Building Societies Act 1986 (c.53)
35In section 7(4)(c)(iii) of the Building Societies Act 1986 (shares...
Sex Discrimination Act 1986 (c.59)
36In section 6 of the Sex Discrimination Act 1986 (application...
Income and Corporation Taxes Act 1988 (c.1)
37 Consequential amendments
Local Government Act 1988 (c.9)
38In section 17 of the Local Government Act 1988 (local...
Local Government and Housing Act 1989 (c.42)
39(1) In section 12 of the Local Government and Housing...
Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992 No. 807 (N.I. 5))
40(1) The Industrial Relations (Northern Ireland) Order 1992 is amended...
SCHEDULE 3 Transitional provisions and savings
Continuity of the law
1(1) The repeal and re-enactment of provisions in this Act...
General saving for old transitional provisions and savings
2(1) The repeal by this Act of a transitional provision...
Effect of repeal of 1946 Act
3The repeal by this Act of the Trade Disputes and...
Pre-1974 references to registered trade unions or employers’ associations
4(1) Any reference in an enactment passed, or instrument made...
Enforceability of collective agreements
5Section 179 of this Act (enforceability of collective agreements) does...
Trade unions and employers’ associations ceasing to be incorporated by virtue of 1974 Act
6(1) The repeal by this Act of section 19 of...
References to former Industrial Arbitration Board
7Any reference to the former Industrial Arbitration Board in relation...
Effect of political resolution passed before 1984 amendments
8A resolution under section 3 of the Trade Union Act...
Persons elected to trade union office before 1988 amendments
9(1) In relation to a person who was, within the...
10In relation to a person who was elected to a...
Qualification to act as auditor of trade union or employers’ association
11(1) Nothing in section 34 (eligibility for appointment as auditor)...
Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5))
12 Transitional provisions and savings
Use of existing forms, &c.
13Any document made, served or issued on or after the...
Saving for power to vary or revoke
14The power of the Secretary of State by further order...
TABLE OF DERIVATIONS
The following abbreviations are used in this Table:— 1875 Conspiracy...

Trade Union and Labour Relations (Consolidation) Act 1992

1992 c. 52

An Act to consolidate the enactments relating to collective labour relations, that is to say, to trade unions, employers’ associations, industrial relations and industrial action.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2

Annotations:
Modifications etc. (not altering text)