SCHEDULES

F1C2C3SCHEDULE A1 Collective Bargaining: Recognition

Annotations:
Amendments (Textual)
F1

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)

Modifications etc. (not altering text)
C2

Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

Part VIII Detriment

Dismissal

C1161

1

For the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal) the dismissal of an employee shall be regarded as unfair if the dismissal was made—

a

for a reason set out in sub-paragraph (2), or

b

for reasons the main one of which is one of those set out in sub-paragraph (2).

2

The reasons are that—

a

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

b

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

c

the employee acted with a view to securing or preventing the ending under this Schedule of bargaining arrangements;

d

the employee indicated that he supported or did not support the ending under this Schedule of bargaining arrangements ;

e

the employee 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 employee influenced or sought to influence other workers to vote or to abstain from voting in such a ballot;

g

the employee voted in such a ballot;

h

the employee proposed to do, failed to do, or proposed to decline to do, any of the things referred to in paragraphs (a) to (g).

3

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