Textual Amendments
F1Ss. 145A-145F and preceding cross-heading inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 29, 59(2)-(4); S.I. 2004/2566, art. 3(a) (with arts. 4-8)
(1)A worker who is a member of an independent trade union which is recognised, or seeking to be recognised, by his employer has the right not to have an offer made to him by his employer if—
(a)acceptance of the offer, together with other workers' acceptance of offers which the employer also makes to them, would have the prohibited result, and
(b)the employer’s sole or main purpose in making the offers is to achieve that result.
(2)The prohibited result is that the workers' terms of employment, or any of those terms, will not (or will no longer) be determined by collective agreement negotiated by or on behalf of the union.
(3)It is immaterial for the purposes of subsection (1) whether the offers are made to the workers simultaneously.
(4)Having terms of employment determined by collective agreement shall not be regarded for the purposes of section 145A (or section 146 or 152) as making use of a trade union service.
(5)A worker or former worker may present a complaint to an employment tribunal on the ground that his employer has made him an offer in contravention of this section.]