SCHEDULES
F2C1C2SCHEDULE A1 Collective Bargaining: Recognition
Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)
Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)
Part I Recognition
Union recognition
29
1
As soon as is reasonably practicable after the CAC is informed of the result of a ballot by the person conducting it, the CAC must act under this paragraph.
F11A
The duty in sub-paragraph (1) does not apply if the CAC gives a notice under paragraph 27C(3)(b).
2
The CAC must inform the employer and the union (or unions) of the result of the ballot.
3
If the result is that the union is (or unions are) supported by—
a
a majority of the workers voting, and
b
at least 40 per cent of the workers constituting the bargaining unit,
the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.
4
If the result is otherwise the CAC must issue a declaration that the union is (or unions are) not entitled to be so recognised.
5
The Secretary of State may by order amend sub-paragraph (3) so as to specify a different degree of support; and different provision may be made for different circumstances.
6
An order under sub-paragraph (5) shall be made by statutory instrument.
7
No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.
Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)