Part III

Rights in relation to union membership and activities

Inducements

Consideration of complaint
145D
1
On a complaint under section 145A it shall be for the employer to show what was his sole or main purpose in making the offer.
2
On a complaint under section 145B it shall be for the employer to show what was his sole or main purpose in making the offers.
3
On a complaint under section 145A or 145B, in determining any question whether the employer made the offer (or offers) or the purpose for which he did so, no account shall be taken of any pressure which was exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so; and that question shall be determined as if no such pressure had been exercised.
4
In determining whether an employer’s sole or main purpose in making offers was the purpose mentioned in section 145B(1), the matters taken into account must include any evidence—
a
that when the offers were made the employer had recently changed or sought to change, or did not wish to use, arrangements agreed with the union for collective bargaining,
b
that when the offers were made the employer did not wish to enter into arrangements proposed by the union for collective bargaining, or
c
that the offers were made only to particular workers, and were made with the sole or main purpose of rewarding those particular workers for their high level of performance or of retaining them because of their special value to the employer.
Ss. 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)