SCHEDULES
F1C2C3SCHEDULE 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 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.
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)