SCHEDULES
F1C1C2SCHEDULE 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 II Voluntary Recognition
Application to CAC to specify method
58
1
This paragraph applies if the parties make an agreement for recognition.
2
The parties may in the negotiation period conduct negotiations with a view to agreeing a method by which they will conduct collective bargaining.
3
If no agreement is made in the negotiation period the employer or the union (or unions) may apply to the CAC for assistance.
4
The negotiation period is—
a
the period of 30 working days starting with the start day, or
b
such longer period (so starting) as the parties may from time to time agree.
5
The start day is the day after that on which the agreement is made.
59
1
This paragraph applies if—
a
the parties to an agreement for recognition agree a method by which they will conduct collective bargaining, and
b
one or more of the parties fails to carry out the agreement as to a method.
2
The employer or the union (or unions) may apply to the CAC for assistance.
60
1
This paragraph applies if an application for assistance is made to the CAC under paragraph 58 or 59.
2
The application is not admissible unless the conditions in sub-paragraphs (3) and (4) are satisfied.
3
The condition is that the employer, taken with any associated employer or employers, must—
a
employ at least 21 workers on the day the application is made, or
b
employ an average of at least 21 workers in the 13 weeks ending with that day.
4
The condition is that the union (or every union) has a certificate F2of independence.
5
To find the average under sub-paragraph (3)(b)—
a
take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);
b
aggregate the 13 numbers;
c
divide the aggregate by 13.
6
For the purposes of sub-paragraph (3)(a) any worker employed by an associated company incorporated outside Great Britain must be ignored unless the day the application was made fell within a period during which he ordinarily worked in Great Britain.
7
For the purposes of sub-paragraph (3)(b) any worker employed by an associated company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Great Britain.
8
For the purposes of sub-paragraphs (6) and (7) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless—
a
the ship’s entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,
b
the employment is wholly outside Great Britain, or
c
the worker is not ordinarily resident in Great Britain.
9
An order made under paragraph 7(6) may also—
a
provide that sub-paragraphs (2), (3) and (5) to (8) of this paragraph are not to apply, or are not to apply in specified circumstances, or
b
vary the number of workers for the time being specified in sub-paragraph (3).
60
1
This paragraph applies if an application for assistance is made to the CAC under paragraph 58 or 59.
2
The application is not admissible unless the conditions in sub-paragraphs (3) and (4) are satisfied.
3
The condition is that the employer, taken with any associated employer or employers, must—
a
employ at least 21 workers on the day the application is made, or
b
employ an average of at least 21 workers in the 13 weeks ending with that day.
4
The condition is that the union (or every union) has a certificate under section 6 that it is independent.
5
To find the average under sub-paragraph (3)(b)—
a
take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);
b
aggregate the 13 numbers;
c
divide the aggregate by 13.
6
For the purposes of sub-paragraph (3)(a) any worker employed by an associated company incorporated outside Great Britain must be ignored unless the day the application was made fell within a period during which he ordinarily worked in Great Britain.
7
For the purposes of sub-paragraph (3)(b) any worker employed by an associated company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Great Britain.
8
For the purposes of sub-paragraphs (6) and (7) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless—
a
the ship’s entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,
b
the employment is wholly outside Great Britain, or
c
the worker is not ordinarily resident in Great Britain.
9
An order made under paragraph 7(6) may also—
a
provide that sub-paragraphs (2), (3) and (5) to (8) of this paragraph are not to apply, or are not to apply in specified circumstances, or
b
vary the number of workers for the time being specified in sub-paragraph (3).
61
1
An application to the CAC is not admissible unless—
a
it is made in such form as the CAC specifies, and
b
it is supported by such documents as the CAC specifies.
2
An application which is made by a union (or unions) to the CAC is not admissible unless the union gives (or unions give) to the employer—
a
notice of the application, and
b
a copy of the application and any documents supporting it.
3
An application which is made by an employer to the CAC is not admissible unless the employer gives to the union (or each of the unions)—
a
notice of the application, and
b
a copy of the application and any documents supporting it.
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)