Office of Public Sector Information
SCHEDULE 1 continued
92 (1) An application to the CAC under this Part of this Schedule is not admissible unless—
(a) it is made in such form as the CAC specifies, and
(b) it is supported by such documents as the CAC specifies.
(2) An application which is made by a union (or unions) to the CAC under this Part of this Schedule is not admissible unless the union gives (or unions give) to the employer—
(a) notice of the application, and
(b) a copy of the application and any documents supporting it.
(3) An application which is made by an employer to the CAC under this Part of this Schedule is not admissible unless the employer gives to the union (or each of the unions)—
(a) notice of the application, and
(b) a copy of the application and any documents supporting it.
93 (1) If an application under paragraph 66 or 75 is accepted by the CAC, the applicant (or applicants) may not withdraw the application—
(a) after the CAC issues a declaration under paragraph 69(3) or 78(3),
(b) after the CAC decides under paragraph 77(2) or 77(3),
(c) after the CAC issues a declaration under paragraph 83(1), 85(2), 86(3) or 87(2) in relation to the new unit (where there is only one) or a declaration under any of those paragraphs in relation to any of the new units (where there is more than one),
(d) after the union has (or unions have) notified the CAC under paragraph 89(1) in relation to the new unit (where there is only one) or any of the new units (where there is more than one), or
(e) after the end of the notification period referred to in paragraph 89(1) and relating to the new unit (where there is only one) or any of the new units (where there is more than one).
(2) If an application is withdrawn by the applicant (or applicants)—
(a) the CAC must give notice of the withdrawal to the other party (or parties), and
(b) no further steps are to be taken under this Part of this Schedule.
94 (1) This paragraph applies for the purposes of this Part of this Schedule.
(2) Except in relation to paragraphs 69(5), 78(5) and 83(6), the meaning of collective bargaining given by section 178(1) shall not apply.
(3) In relation to a new unit references to collective bargaining are to negotiations relating to the matters which were the subject of collective bargaining in relation to the corresponding original unit; and the corresponding original unit is the unit which was the subject of an application under paragraph 66 or 75 in consequence of which the new unit was agreed by the parties or decided by the CAC.
(4) But if the parties agree matters as the subject of collective bargaining in relation to the new unit, references to collective bargaining in relation to that unit are to negotiations relating to the agreed matters; and this is the case whether the agreement is made before or after the time when the CAC issues a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit.
(5) In relation to a residual unit in relation to which a declaration is issued under paragraph 91, references to collective bargaining are to negotiations relating to the matters which were the subject of collective bargaining in relation to the corresponding parent unit.
(6) In construing paragraphs 69(3)(c), 78(3)(c), 85(2)(c), 87(6)(b) and 89(6)(b)—
(a) sub-paragraphs (3) and (4) do not apply, and
(b) references to collective bargaining are to negotiations relating to pay, hours and holidays.
95 (1) This paragraph applies for the purposes of this Part of this Schedule.
(2) Where a method of collective bargaining has effect in relation to a new unit, that method shall have effect as if it were contained in a legally enforceable contract made by the parties.
(3) But if the parties agree in writing—
(a) that sub-paragraph (2) shall not apply, or shall not apply to particular parts of the method, or
(b) to vary or replace the method,
the written agreement shall have effect as a legally enforceable contract made by the parties.
(4) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.
96 (1) This Part of this Schedule applies if the CAC has issued a declaration that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.
(2) In such a case references in this Part of this Schedule to the bargaining arrangements are to the declaration and to the provisions relating to the collective bargaining method.
(3) For this purpose the provisions relating to the collective bargaining method are—
(a) the parties' agreement as to the method by which collective bargaining is to be conducted,
(b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted, or
(c) any provision of Part III of this Schedule that a method of collective bargaining is to have effect.
97 For the purposes of this Part of this Schedule the relevant date is the date of the expiry of the period of 3 years starting with the date of the CAC’s declaration.
98 References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
99 (1) This paragraph applies if—
(a) the employer believes that he, taken with any associated employer or employers, employed an average of fewer than 21 workers in any period of 13 weeks, and
(b) that period ends on or after the relevant date.
(2) If the employer wishes the bargaining arrangements to cease to have effect, he must give the union (or each of the unions) a notice complying with sub-paragraph (3) and must give a copy of the notice to the CAC.
(3) A notice complies with this sub-paragraph if it—
(a) identifies the bargaining arrangements,
(b) specifies the period of 13 weeks in question,
(c) states the date on which the notice is given,
(d) is given within the period of 5 working days starting with the day after the last day of the specified period of 13 weeks,
(e) states that the employer, taken with any associated employer or employers, employed an average of fewer than 21 workers in the specified period of 13 weeks, and
(f) states that the bargaining arrangements are to cease to have effect on a date which is specified in the notice and which falls after the end of the period of 35 working days starting with the day after that on which the notice is given.
(4) To find the average number of workers employed by the employer, taken with any associated employer or employers, in the specified period of 13 weeks—
(a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);
(b) aggregate the 13 numbers;
(c) divide the aggregate by 13.
(5) For the purposes of sub-paragraph (1)(a) any worker employed by an associated company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Great Britain.
(6) For the purposes of sub-paragraph (5) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless—
(a) the ship’s entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,
(b) the employment is wholly outside Great Britain, or
(c) the worker is not ordinarily resident in Great Britain.
(7) An order made under paragraph 7(6) may also—
(a) provide that sub-paragraphs (1) to (6) of this paragraph and paragraphs 100 to 103 are not to apply, or are not to apply in specified circumstances, or
(b) vary the number of workers for the time being specified in sub-paragraphs (1)(a) and (3)(e).
100 (1) Within the validation period the CAC must decide whether the notice complies with paragraph 99(3).
(2) If the CAC decides that the notice does not comply with paragraph 99(3)—
(a) the CAC must give the parties notice of its decision, and
(b) the employer’s notice shall be treated as not having been given.
(3) If the CAC decides that the notice complies with paragraph 99(3) it must give the parties notice of the decision.
(4) The bargaining arrangements shall cease to have effect on the date specified under paragraph 99(3)(f) if—
(a) the CAC gives notice under sub-paragraph (3), and
(b) the union does not (or unions do not) apply to the CAC under paragraph 101.
(5) The validation period is—
(a) the period of 10 working days starting with the day after that on which the CAC receives the copy of the notice, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
101 (1) This paragraph applies if—
(a) the CAC gives notice under paragraph 100(3), and
(b) within the period of 10 working days starting with the day after that on which the notice is given, the union makes (or unions make) an application to the CAC for a decision whether the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and whether the statement made under paragraph 99(3)(e) is correct.
(2) An application is not admissible unless—
(a) it is made in such form as the CAC specifies, and
(b) it is supported by such documents as the CAC specifies.
(3) An application is not admissible unless the union gives (or unions give) to the employer—
(a) notice of the application, and
(b) a copy of the application and any documents supporting it.
(4) An application is not admissible if—
(a) a relevant application was made within the period of 3 years prior to the date of the application,
(b) the relevant application and the application relate to the same bargaining unit, and
(c) the CAC accepted the relevant application.
(5) A relevant application is an application made to the CAC—
(a) by the union (or the unions) under this paragraph,
(b) by the employer under paragraph 106, 107 or 128, or
(c) by a worker (or workers) under paragraph 112.
102 (1) The CAC must give notice to the parties of receipt of an application under paragraph 101.
(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraph 101.
(3) In deciding whether an application is admissible the CAC must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the CAC decides that the application is not admissible—
(a) the CAC must give notice of its decision to the parties,
(b) the CAC must not accept the application,
(c) no further steps are to be taken under this Part of this Schedule, and
(d) the bargaining arrangements shall cease to have effect on the date specified under paragraph 99(3)(f).
(5) If the CAC decides that the application is admissible it must—
(a) accept the application, and
(b) give notice of the acceptance to the parties.
(6) The acceptance period is—
(a) the period of 10 working days starting with the day after that on which the CAC receives the application, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
103 (1) If the CAC accepts an application it—
(a) must give the employer and the union (or unions) an opportunity to put their views on the questions whether the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and whether the statement made under paragraph 99(3)(e) is correct;
(b) must decide the questions within the decision period and must give reasons for the decision.
(2) If the CAC decides that the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and that the statement made under paragraph 99(3)(e) is correct the bargaining arrangements shall cease to have effect on the termination date.
(3) If the CAC decides that the period of 13 weeks specified under paragraph 99(3)(b) does not end on or after the relevant date or that the statement made under paragraph 99(3)(e) is not correct, the notice under paragraph 99 shall be treated as not having been given.
(4) The decision period is—
(a) the period of 10 working days starting with the day after that on which the CAC gives notice of acceptance of the application, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
(5) The termination date is the later of—
(a) the date specified under paragraph 99(3)(f), and
(b) the day after the last day of the decision period.
104 (1) This paragraph and paragraphs 105 to 111 apply if after the relevant date the employer requests the union (or each of the unions) to agree to end the bargaining arrangements.
(2) The request is not valid unless it—
(a) is in writing,
(b) is received by the union (or each of the unions),
(c) identifies the bargaining arrangements, and
(d) states that it is made under this Schedule.
105 (1) If before the end of the first period the parties agree to end the bargaining arrangements no further steps are to be taken under this Part of this Schedule.
(2) Sub-paragraph (3) applies if before the end of the first period—
(a) the union informs the employer that the union does not accept the request but is willing to negotiate, or
(b) the unions inform the employer that the unions do not accept the request but are willing to negotiate.
(3) The parties may conduct negotiations with a view to agreeing to end the bargaining arrangements.
(4) If such an agreement is made before the end of the second period no further steps are to be taken under this Part of this Schedule.
(5) The employer and the union (or unions) may request ACAS to assist in conducting the negotiations.
(6) The first period is the period of 10 working days starting with the day after—
(a) the day on which the union receives the request, or
(b) the last day on which any of the unions receives the request.
(7) The second period is—
(a) the period of 20 working days starting with the day after that on which the first period ends, or
(b) such longer period (so starting) as the parties may from time to time agree.
106 (1) This paragraph applies if—
(a) before the end of the first period the union fails (or unions fail) to respond to the request, or
(b) before the end of the first period the union informs the employer that it does not (or unions inform the employer that they do not) accept the request (without indicating a willingness to negotiate).
(2) The employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
107 (1) This paragraph applies if —
(a) the union informs (or unions inform) the employer under paragraph 105(2), and
(b) no agreement is made before the end of the second period.
(2) The employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
(3) But no application may be made if within the period of 10 working days starting with the day after that on which the union informs (or unions inform) the employer under paragraph 105(2) the union proposes (or unions propose) that ACAS be requested to assist in conducting the negotiations and—
(a) the employer rejects the proposal, or
(b) the employer fails to accept the proposal within the period of 10 working days starting with the day after that on which the union makes (or unions make) the proposal.
108 (1) An application under paragraph 106 or 107 is not admissible unless—
(a) it is made in such form as the CAC specifies, and
(b) it is supported by such documents as the CAC specifies.
(2) An application under paragraph 106 or 107 is not admissible unless the employer gives to the union (or each of the unions)—
(a) notice of the application, and
(b) a copy of the application and any documents supporting it.
109 (1) An application under paragraph 106 or 107 is not admissible if—
(a) a relevant application was made within the period of 3 years prior to the date of the application under paragraph 106 or 107,
(b) the relevant application and the application under paragraph 106 or 107 relate to the same bargaining unit, and
(c) the CAC accepted the relevant application.
(2) A relevant application is an application made to the CAC—
(a) by the union (or the unions) under paragraph 101,
(b) by the employer under paragraph 106, 107 or 128, or
(c) by a worker (or workers) under paragraph 112.
110 (1) An application under paragraph 106 or 107 is not admissible unless the CAC decides that—
(a) at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and
(b) a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements.
(2) The CAC must give reasons for the decision.
111 (1) The CAC must give notice to the parties of receipt of an application under paragraph 106 or 107.
(2) Within the acceptance period the CAC must decide whether—
(a) the request is valid within the terms of paragraph 104, and
(b) the application is made in accordance with paragraph 106 or 107 and admissible within the terms of paragraphs 108 to 110.
(3) In deciding those questions the CAC must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the CAC decides that the request is not valid or the application is not made in accordance with paragraph 106 or 107 or is not admissible—
(a) the CAC must give notice of its decision to the parties,
(b) the CAC must not accept the application, and
(c) no further steps are to be taken under this Part of this Schedule.
(5) If the CAC decides that the request is valid and the application is made in accordance with paragraph 106 or 107 and is admissible it must—
(a) accept the application, and
(b) give notice of the acceptance to the parties.
(6) The acceptance period is—
(a) the period of 10 working days starting with the day after that on which the CAC receives the application, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
112 (1) A worker or workers falling within the bargaining unit may after the relevant date apply to the CAC to have the bargaining arrangements ended.
(2) An application is not admissible unless—
(a) it is made in such form as the CAC specifies, and
(b) it is supported by such documents as the CAC specifies.
(3) An application is not admissible unless the worker gives (or workers give) to the employer and to the union (or each of the unions)—
(a) notice of the application, and
(b) a copy of the application and any documents supporting it.
113 (1) An application under paragraph 112 is not admissible if—
(a) a relevant application was made within the period of 3 years prior to the date of the application under paragraph 112,
(b) the relevant application and the application under paragraph 112 relate to the same bargaining unit, and
(c) the CAC accepted the relevant application.
(2) A relevant application is an application made to the CAC—
(a) by the union (or the unions) under paragraph 101,
(b) by the employer under paragraph 106, 107 or 128, or
(c) by a worker (or workers) under paragraph 112.
114 (1) An application under paragraph 112 is not admissible unless the CAC decides that—
(a) at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and
(b) a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements.
(2) The CAC must give reasons for the decision.
115 (1) The CAC must give notice to the worker (or workers), the employer and the union (or unions) of receipt of an application under paragraph 112.
(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 112 to 114.
(3) In deciding whether the application is admissible the CAC must consider any evidence which it has been given by the employer, the union (or unions) or any of the workers falling within the bargaining unit.
(4) If the CAC decides that the application is not admissible—
(a) the CAC must give notice of its decision to the worker (or workers), the employer and the union (or unions),
(b) the CAC must not accept the application, and
(c) no further steps are to be taken under this Part of this Schedule.
(5) If the CAC decides that the application is admissible it must—
(a) accept the application, and
(b) give notice of the acceptance to the worker (or workers), the employer and the union (or unions).
(6) The acceptance period is—
(a) the period of 10 working days starting with the day after that on which the CAC receives the application, or
(b) such longer period (so starting) as the CAC may specify to the worker (or workers), the employer and the union (or unions) by notice containing reasons for the extension.
116 (1) If the CAC accepts the application, in the negotiation period the CAC must help the employer, the union (or unions) and the worker (or workers) with a view to—
(a) the employer and the union (or unions) agreeing to end the bargaining arrangements, or
(b) the worker (or workers) withdrawing the application.
(2) The negotiation period is—
(a) the period of 20 working days starting with the day after that on which the CAC gives notice of acceptance of the application, or
(b) such longer period (so starting) as the CAC may decide with the consent of the worker (or workers), the employer and the union (or unions).
Employment Relations Act 1999