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Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1992 CHAPTER 52

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Trade Unions

    1. Chapter I

      Introductory

      1. Meaning of “trade union”

        1. 1. Meaning of “trade union”.

      2. The list of trade unions

        1. 2. The list of trade unions.

        2. 3. Application to have name entered in the list.

        3. 4. Removal of name from the list.

      3. Certification as independent trade union

        1. 5. Meaning of “independent trade union”.

        2. 6. Application for certificate of independence.

        3. 7. Withdrawal or cancellation of certificate.

        4. 8. Conclusive effect of Certification Officer’s decision.

      4. Supplementary

        1. 9. Appeal against decision of Certification Officer.

    2. Chapter II

      Status and property of trade unions

      1. General

        1. 10. Quasi-corporate status of trade unions.

        2. 11. Exclusion of common law rules as to restraint of trade.

      2. Property of trade union

        1. 12. Property to be vested in trustees.

        2. 13. Vesting of property in new trustees.

        3. 14. Transfer of securities held in trust for trade union.

        4. 15. Prohibition on use of funds to indemnify unlawful conduct.

        5. 16. Remedy against trustees for unlawful use of union property.

        6. 17. Nominations by members of trade unions.

        7. 18. Payments out of union funds on death of member.

        8. 19. Application of certain provisions relating to industrial assurance or friendly societies.

      3. Liability of trade unions in proceedings in tort

        1. 20. Liability of trade union in certain proceedings in tort.

        2. 21. Repudiation by union of certain acts.

        3. 22. Limit on damages awarded against trade unions in actions in tort.

      4. Restriction on enforcement against certain property

        1. 23. Restriction on enforcement of awards against certain property.

    3. Chapter III

      Trade union administration

      1. Register of members' names and addresses

        1. 24. Duty to maintain register of members' names and addresses.

        2. 25. Remedy for failure: application to Certification Officer.

        3. 26. Remedy for failure: application to court.

      2. Duty to supply copy of rules

        1. 27. Duty to supply copy of rules.

      3. Accounting records

        1. 28. Duty to keep accounting records.

        2. 29. Duty to keep records available for inspection.

        3. 30. Right of access to accounting records.

        4. 31. Remedy for failure to comply with request for access.

      4. Annual return, accounts and audit

        1. 32. Annual return.

        2. 33. Duty to appoint auditors.

        3. 34. Eligibility for appointment as auditor.

        4. 35. Appointment and removal of auditors.

        5. 36. Auditors' report.

        6. 37. Rights of auditors.

      5. Members' superannuation schemes

        1. 38. Members' superannuation schemes: separate fund to be maintained.

        2. 39. Examination of proposals for new scheme.

        3. 40. Periodical re-examination of existing schemes.

        4. 41. Powers of the Certification Officer.

        5. 42. Meaning of “appropriately qualified actuary”.

      6. Supplementary

        1. 43. Newly-formed trade unions.

        2. 44. Discharge of duties in case of union having branches or sections.

        3. 45. Offences.

    4. Chapter IV

      Elections for certain positions

      1. Duty to hold elections

        1. 46. Duty to hold elections for certain positions.

      2. Requirements to be satisfied with respect to elections

        1. 47. Candidates.

        2. 48. Election addresses.

        3. 49. Appointment of independent scrutineer.

        4. 50. Entitlement to vote.

        5. 51. Voting.

        6. 52. Scrutineer’s report.

        7. 53. Uncontested elections.

      3. Remedy for failure to comply with requirements

        1. 54. Remedy for failure to comply with requirements: general.

        2. 55. Application to Certification Officer.

        3. 56. Application to court.

      4. Supplementary

        1. 57. Exemption of newly-formed trade unions, &c.

        2. 58. Exemption of certain persons nearing retirement.

        3. 59. Period for giving effect to election.

        4. 60. Overseas members.

        5. 61. Other supplementary provisions.

    5. Chapter V

      Rights of trade union members

      1. Right to a ballot before industrial action

        1. 62. Right to a ballot before industrial action.

      2. Right not to be denied access to the courts

        1. 63. Right not to be denied access to the courts.

      3. Right not to be unjustifiably disciplined

        1. 64. Right not to be unjustifiably disciplined.

        2. 65. Meaning of “unjustifiably disciplined”.

        3. 66. Complaint of infringement of right.

        4. 67. Further remedies for infringement of right.

      4. Right to require employer to stop deduction of union dues

        1. 68. Right to require employer to stop deductions of union dues.

      5. Right to terminate membership of union

        1. 69. Right to terminate membership of union.

      6. Supplementary

        1. 70. Membership of constituent or affiliated organisation.

    6. Chapter VI

      Application of funds for political objects

      1. Restriction on use of funds for certain political objects

        1. 71. Restriction on use of funds for political objects.

        2. 72. Political objects to which restriction applies.

      2. Political resolution

        1. 73. Passing and effect of political resolution.

        2. 74. Approval of political ballot rules.

        3. 75. Appointment of independent scrutineer.

        4. 76. Entitlement to vote.

        5. 77. Voting.

        6. 78. Scrutineer’s report.

        7. 79. Remedy for failure to comply with ballot rules: general.

        8. 80. Application to Certification Officer.

        9. 81. Application to court.

      3. The political fund

        1. 82. Rules as to political fund.

        2. 83. Assets and liabilities of political fund.

        3. 84. Notice of objection to contributing to political fund.

        4. 85. Manner of giving effect to exemptions.

      4. Duties of employer who deducts union contributions.

        1. 86. Certificate of exemption or objection to contributing to political fund.

        2. 87. Application to court in respect of employer’s failure.

        3. 88. Application of provisions of Wages Act 1986.

      5. Position where political resolution ceases to have effect

        1. 89. Administration of political fund where no resolution in force.

        2. 90. Discontinuance of contributions to political fund.

        3. 91. Rules to cease to have effect.

      6. Supplementary

        1. 92. Manner of making union rules.

        2. 93. Effect of amalgamation.

        3. 94. Overseas members of trade union.

        4. 95. Appeals from Certification Officer.

        5. 96. Meaning of “date of the ballot”.

    7. Chapter VII

      Amalgamations and similar matters

      1. Amalgamation or transfer of engagements

        1. 97. Amalgamation or transfer of engagements.

        2. 98. Approval of instrument of amalgamation or transfer.

        3. 99. Notice to be given to members.

        4. 100. Resolution approving instrument of amalgamation or transfer.

        5. 101. Registration of instrument of amalgamation or transfer.

        6. 102. Power to alter rules of transferee union for purposes of transfer.

        7. 103. Complaints as regards passing of resolution.

        8. 104. Appeal from decision of Certification Officer.

        9. 105. Transfer of property on amalgamation or transfer.

        10. 106. Amalgamation or transfer involving Northern Ireland union.

      2. Change of name

        1. 107. Change of name of trade union.

      3. Supplementary

        1. 108. General power to make regulations.

    8. Chapter VIII

      Assistance for certain legal proceedings

      1. 109. Proceedings in relation to which assistance may be provided.

      2. 110. Application for assistance: its consideration.

      3. 111. Provision of assistance.

      4. 112. Title of proceedings where assistance provided.

      5. 113. Recovery of sums paid in case of fraud.

      6. 114. Supplementary provisions.

    9. Chapter IX

      Miscellaneous and general provisions

      1. Further provisions with respect to ballots

        1. 115. Payments towards expenditure in connection with secret ballots.

        2. 116. Use of employer’s premises for secret ballot.

      2. Exceptions and adaptations for certain bodies

        1. 117. Special register bodies.

        2. 118. Federated trade unions.

      3. Interpretation

        1. 119. Expressions relating to trade unions.

        2. 120. Northern Ireland unions.

        3. 121. Meaning of “the court”.

  2. Part II

    Employers' Associations

    1. Introductory

      1. 122. Meaning of “employers' association”.

    2. The list of employers' associations

      1. 123. The list of employers' associations.

      2. 124. Application to have name entered in the list.

      3. 125. Removal of name from the list.

      4. 126. Appeal against decision of Certification Officer.

    3. Status and property of employers' associations

      1. 127. Corporate or quasi-corporate status of employers' associations.

      2. 128. Exclusion of common law rules as to restraint of trade.

      3. 129. Property of unincorporated employers' associations, &c.

      4. 130. Restriction on enforcement of awards against certain property.

    4. Administration of employers' associations

      1. 131. Administrative provisions applying to employers' associations.

    5. Application of funds for political objects

      1. 132. Application of funds for political objects.

    6. Amalgamations and similar matters

      1. 133. Amalgamations and transfers of engagements.

      2. 134. Change of name of employers' association.

    7. General

      1. 135. Federated employers' associations.

      2. 136. Meaning of “officer” of employers' association.

  3. Part III

    Rights in relation to union membership and activities

    1. Access to employment

      1. 137. Refusal of employment on grounds related to union membership.

      2. 138. Refusal of service of employment agency on grounds related to union membership.

      3. 139. Time limit for proceedings.

      4. 140. Remedies.

      5. 141. Complaint against employer and employment agency.

      6. 142. Awards against third parties.

      7. 143. Interpretation and other supplementary provisions.

    2. Contracts for supply of goods or services

      1. 144. Union membership requirement in contract for goods or services void.

      2. 145. Refusal to deal on union membership grounds prohibited.

    3. Action short of dismissal

      1. 146. Action short of dismissal on grounds related to union membership or activities.

      2. 147. Time limit for proceedings.

      3. 148. Consideration of complaint.

      4. 149. Remedies.

      5. 150. Awards against third parties.

      6. 151. Interpretation and other supplementary provisions.

    4. Dismissal

      1. 152. Dismissal on grounds related to union membership or activities.

      2. 153. Selection for redundancy on grounds related to union membership or activities.

      3. 154. Exclusion of requirement as to qualifying period, &c.

      4. 155. Matters to be disregarded in assessing contributory fault.

      5. 156. Minimum basic award.

      6. 157. Special award of compensation.

      7. 158. Amount of special award.

      8. 159. Power to increase sums by order.

      9. 160. Awards against third parties.

      10. 161. Application for interim relief.

      11. 162. Application to be promptly determined.

      12. 163. Procedure on hearing of application and making of order.

      13. 164. Order for continuation of contract of employment.

      14. 165. Application for variation or revocation of order.

      15. 166. Consequences of failure to comply with order.

      16. 167. Interpretation and other supplementary provisions.

    5. Time off for trade union duties and activities

      1. 168. Time off for carrying out trade union duties.

      2. 169. Payment for time off under section 168.

      3. 170. Time off for trade union activities.

      4. 171. Time limit for proceedings.

      5. 172. Remedies.

      6. 173. Intepretation and other supplementary provisions.

    6. Exclusion or expulsion from trade union where employment subject to union membership agreement

      1. 174. Right not to be unreasonably excluded or expelled from union.

      2. 175. Time limit for proceedings.

      3. 176. Remedies.

      4. 177. Interpretation and other supplementary provisions.

  4. Part IV

    Industrial Relations

    1. Chapter I

      Collective bargaining

      1. Introductory

        1. 178. Collective agreements and collective bargaining.

      2. Enforceability of collective agreements

        1. 179. Whether agreement intended to be a legally enforceable contract.

        2. 180. Effect of provisions restricting right to take industrial action.

      3. Disclosure of information for purposes of collective bargaining

        1. 181. General duty of employers to disclose information.

        2. 182. Restrictions on general duty.

        3. 183. Complaint of failure to disclose information.

        4. 184. Further complaint of failure to comply with declaration.

        5. 185. Determination of claim and award.

      4. Prohibition of union recognition requirements

        1. 186. Recognition requirement in contract for goods or services void.

        2. 187. Refusal to deal on grounds of union exclusion prohibited.

    2. Chapter II

      Procedure for Handling Redundancies

      1. Duty of employer to consult trade union representatives

        1. 188. Duty of employer to consult trade union representatives.

        2. 189. Complaint by trade union and protective award.

        3. 190. Entitlement under protective award.

        4. 191. Termination of employment during protected period.

        5. 192. Complaint by employee to industrial tribunal.

      2. Duty of employer to notify Secretary of State

        1. 193. Duty of employer to notify Secretary of State of certain redundancies.

        2. 194. Offence of failure to notify.

      3. Supplementary provisions

        1. 195. Meaning of “redundancy”.

        2. 196. Meaning of “trade union representative”.

        3. 197. Power to vary provisions.

        4. 198. Power to adapt provisions in case of collective agreement.

    3. Chapter III

      Codes of Practice

      1. Codes of Practice issued by ACAS

        1. 199. Issue of Codes of Practice by ACAS.

        2. 200. Procedure for issue of Code by ACAS.

        3. 201. Consequential revision of Code issued by ACAS.

        4. 202. Revocation of Code issued by ACAS.

      2. Codes of Practice issued by the Secretary of State

        1. 203. Issue of Codes of Practice by the Secretary of State.

        2. 204. Procedure for issue of Code by Secretary of State.

        3. 205. Consequential revision of Code issued by Secretary of State.

        4. 206. Revocation of Code issued by Secretary of State.

      3. Supplementary provisions

        1. 207. Effect of failure to comply with Code.

        2. 208. Provisions of earlier Code superseded by later.

    4. Chapter IV

      General

      1. Functions of ACAS

        1. 209. General duty to promote improvement of industrial relations.

        2. 210. Conciliation.

        3. 211. Conciliation officers.

        4. 212. Arbitration.

        5. 213. Advice.

        6. 214. Inquiry.

      2. Courts of inquiry

        1. 215. Inquiry and report by court of inquiry.

        2. 216. Constitution and proceedings of court of inquiry.

      3. Supplementary provisions

        1. 217. Exclusion of power of arbiter to state case to Court of Session.

        2. 218. Meaning of “trade dispute” in Part IV.

  5. Part V

    Industrial action

    1. Protection of acts in contemplation or furtherance of trade dispute

      1. 219. Protection from certain tort liabilities.

      2. 220. Peaceful picketing.

      3. 221. Restrictions on grant of injunctions and interdicts.

    2. Action excluded from protection

      1. 222. Action to enforce trade union membership.

      2. 223. Action taken because of dismissal for taking unofficial action.

      3. 224. Secondary action.

      4. 225. Pressure to impose union recognition requirement.

    3. Requirement of ballot before action by trade union

      1. 226. Requirement of ballot before action by trade union.

      2. 227. Entitlement to vote in ballot.

      3. 228. Separate workplace ballots.

      4. 229. Voting paper.

      5. 230. Conduct of ballot.

      6. 231. Information as to result of ballot.

      7. 232. Balloting of overseas members.

      8. 233. Calling of industrial action with support of ballot.

      9. 234. Period after which ballot ceases to be effective.

      10. 235. Construction of references to contract of employment.

    4. No compulsion to work

      1. 236. No compulsion to work.

    5. Loss of unfair dismissal protection

      1. 237. Dismissal of those taking part in unofficial industrial action.

      2. 238. Dismissals in connection with other industrial action.

      3. 239. Supplementary provisions relating to unfair dismissal.

    6. Criminal offences

      1. 240. Breach of contract involving injury to persons or property.

      2. 241. Intimidation or annoyance by violence or otherwise.

      3. 242. Restriction of offence of conspiracy: England and Wales.

      4. 243. Restriction of offence of conspiracy: Scotland.

    7. Supplementary

      1. 244. Meaning of “trade dispute” in Part V.

      2. 245. Crown employees and contracts.

      3. 246. Minor definitions.

  6. Part VI

    Administrative provisions

    1. ACAS

      1. 247. ACAS.

      2. 248. The Council of ACAS.

      3. 249. Terms of appointment of members of Council.

      4. 250. Remuneration, &c. of members of Council.

      5. 251. Secretary, officers and staff of ACAS.

      6. 252. General financial provisions.

      7. 253. Annual report and accounts.

    2. The Certification Officer

      1. 254. The Certification Officer.

      2. 255. Remuneration, &c. of Certification Officer and assistants.

      3. 256. Procedure before the Certification Officer.

      4. 257. Custody of documents submitted under earlier legislation.

      5. 258. Annual report and accounts.

    3. Central Arbitration Committee

      1. 259. The Central Arbitration Committee.

      2. 260. The members of the Committee.

      3. 261. Terms of appointment of members of Committee.

      4. 262. Remuneration, &c. of members of Committee.

      5. 263. Proceedings of the Committee.

      6. 264. Awards of the Committee.

      7. 265. Annual report and accounts.

    4. The Commissioner for the Rights of Trade Union Members

      1. 266. The Commissioner.

      2. 267. Terms of appointment of Commissioner.

      3. 268. Remuneration, pension, &c.

      4. 269. Staff of the Commissioner.

      5. 270. Financial provisions.

      6. 271. Annual report and accounts.

    5. Supplementary

      1. 272. Meaning of “financial year”.

  7. Part VII

    Miscellaneous and general

    1. Crown employment, etc.

      1. 273. Crown employment.

      2. 274. Armed forces.

      3. 275. Exemption on grounds of national security.

      4. 276. Further provision as to Crown application.

    2. House of Lords and House of Commons staff

      1. 277. House of Lords staff.

      2. 278. House of Commons staff.

    3. Health service practitioners

      1. 279. Health service practitioners.

    4. Police service

      1. 280. Police service.

    5. Excluded classes of employment

      1. 281. Part-time employment.

      2. 282. Short-term employment.

      3. 283. Mariners.

      4. 284. Share fishermen.

      5. 285. Employment outside Great Britain.

      6. 286. Power to make further provision as to excluded classes of employment.

    6. Offshore employment

      1. 287. Offshore employment.

    7. Contracting out, &c.

      1. 288. Restriction on contracting out.

      2. 289. Employment governed by foreign law.

    8. Industrial tribunal proceedings

      1. 290. General provisions as to conciliation.

      2. 291. Right of appeal from industrial tribunal.

    9. Other supplementary provisions

      1. 292. Death of employee or employer.

      2. 293. Regulations.

      3. 294. Reciprocal arrangements with Northern Ireland.

    10. Interpretation

      1. 295. Meaning of “employee” and related expressions.

      2. 296. Meaning of “worker” and related expressions.

      3. 297. Associated employers.

      4. 298. Minor definitions: general.

      5. 299. Index of defined expressions.

    11. Final provisions

      1. 300. Repeals, consequential amendments, transitional provisions and savings.

      2. 301. Extent.

      3. 302. Commencement.

      4. 303. Short title.

  8. Schedules:

    1. Schedule 1

      Repeals.

    2. Schedule 2

      Consequential amendments.

    3. Schedule 3

      Transitional provisions and savings.

An Act to consolidate the enactments relating to collective labour relations, that is to say, to trade unions, employers' associations, industrial relations and industrial action.

[16th July 1992]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I Trade Unions

Chapter I Introductory

Meaning of “trade union”

1 Meaning of “trade union”

In this Act a “trade union” means an organisation (whether temporary or permanent)—

(a) which consists wholly or mainly of workers of one or more descriptions and whose principal purposes include the regulation of relations between workers of that description or those descriptions and employers or employers' associations; or

(b) which consists wholly or mainly of—

(i) constituent or affiliated organisations which fulfil the conditions in paragraph (a) (or themselves consist wholly or mainly of constituent or affiliated organisations which fulfil those conditions), or

(ii) representatives of such constituent or affiliated organisations,

and whose principal purposes include the regulation of relations between workers and employers or between workers and employers' associations, or the regulation of relations between its constituent or affiliated organisations.

The list of trade unions

2 The list of trade unions

(1) The Certification Officer shall keep a list of trade unions containing the names of—

(a) the organisations whose names were, immediately before the commencement of this Act, duly entered in the list of trade unions kept by him under section 8 of the [1974 c. 52.] Trade Union and Labour Relations Act 1974, and

(b) the names of the organisations entitled to have their names entered in the list in accordance with this Part.

(2) The Certification Officer shall keep copies of the list of trade unions, as for the time being in force, available for public inspection at all reasonable hours free of charge.

(3) A copy of the list shall be included in his annual report.

(4) The fact that the name of an organisation is included in the list of trade unions is evidence (in Scotland, sufficient evidence) that the organisation is a trade union.

(5) On the application of an organisation whose name is included in the list, the Certification Officer shall issue it with a certificate to that effect.

(6) A document purporting to be such a certificate is evidence (in Scotland, sufficient evidence) that the name of the organisation is entered in the list.

3 Application to have name entered in the list

(1) An organisation of workers, whenever formed, whose name is not entered in the list of trade unions may apply to the Certification Officer to have its name entered in the list.

(2) The application shall be made in such form and manner as the Certification Officer may require and shall be accompanied by—

(a) a copy of the rules of the organisation,

(b) a list of its officers,