Explanatory Notes

Employment Relations Act 2004

2004 CHAPTER 24

16 September 2004

Commentary

Part One: Union Recognition

Means of communicating with workers

110.Section 16 inserts a new paragraph 166A in Schedule A1.

111.Paragraph 166A(1) provides that paragraph 166A applies in relation to any provision of paragraph 19D(2), paragraph 26(4) or paragraph 118(4). These paragraphs require the employer to provide the names and home addresses of workers for the purposes of their being sent information by the union, or for the purposes of a ballot on recognition or derecognition.

112.Paragraph 166A gives the Secretary of State an order-making power to provide that the employer must give to the CAC, in addition to the workers’ home addresses, an address of a specified kind, which may include any address or number to which information can be sent by any means. Such an order must be made by statutory instrument and approved by both Houses of Parliament. The power contained in this section will enable the Secretary of State to provide that employers must give the CAC addresses for workers which enable communication or voting in ballots to take place by other means as well as by post (see also commentary on section 54).