Employment Relations Act 1999

1Collective bargaining: recognition.

2Detriment related to trade union membership.

4Ballots and notices.

6Unfair dismissal connected with recognition: interim relief.

Leave for family and domestic reasons

7Maternity and parental leave.

8Time off for domestic incidents.

9Consequential amendments.

Disciplinary and grievance hearings

10Right to be accompanied.

11Complaint to employment tribunal.

12Detriment and dismissal.

13Interpretation.

14Contracting out and conciliation.

15National security employees.

Other rights of individuals

16Unfair dismissal of striking workers.

17. . . . . . . . . ....

18Agreement to exclude dismissal rights.

19Part-time work: discrimination.

20Part-time work: code of practice.

21Code of practice: supplemental.

22National minimum wage: communities.

23Power to confer rights on individuals.

CAC, ACAS, Commissioners and Certification Officer

24CAC: members.

25CAC: proceedings.

26ACAS: general duty.

27ACAS: reports.

28Abolition of Commissioners.

29The Certification Officer.

30Partnerships at work.

31Employment agencies.

32Employment rights: employment outside Great Britain.

33Unfair dismissal: special and additional awards.

34Indexation of amounts, &c.

35Guarantee payments.

36Sections 33 to 35: consequential.

37Compensatory award etc: removal of limit in certain cases.

38Transfer of undertakings.

39Minimum wage: information.

40Dismissal of school staff.

41National security.

42Orders and regulations.

45Commencement.

SCHEDULE 1Collective Bargaining: Recognition

The Schedule to be inserted immediately before Schedule 1 to...

SCHEDULE 2Union Membership: Detriment

1The Trade Union and Labour Relations (Consolidation) Act 1992 shall...

2(1) Section 146 (action short of dismissal on grounds related...

Time limit for proceedings

3(1) Section 147 shall be amended as follows.

Consideration of complaint

4(1) Section 148 shall be amended as follows.

5In section 149 for “action” there shall be substituted “...

Awards against third parties

6In section 150(1)— (a) in paragraph (a) for “action has...

SCHEDULE 3Ballots and notices

1The Trade Union and Labour Relations (Consolidation) Act 1992 shall...

Support of ballot

2(1) Section 226 (requirement of ballot before action by trade...

Documents for employers

3(1) Section 226A (notice of ballot and sample voting paper...

Entitlement to vote

4In section 227 (entitlement to vote in ballot) subsection (2)...

Separate workplace ballots

5The following shall be substituted for section 228 (separate workplace...

6(1) Section 229 (voting paper) shall be amended as follows....

Conduct of ballot: merchant seamen

7In section 230 (conduct of ballot) for subsections (2A) and...

8After section 232 insert— Inducement of member denied entitlement to...

Disregard of certain failures

9After section 232A there shall be inserted— Small accidental failures...

Period of ballot’s effectiveness

10. . . . . . . . . ....

Notice of industrial action

11(1) Section 234A (notice to employers of industrial action) shall...

SCHEDULE 4Leave for Family Reasons Etc

Part IMaternity Leave and Parental Leave

New Part VIII of Employment Rights Act 1996

Part VIII Chapter I Maternity Leave (1) An employee may, provided that she satisfies any conditions...

Part IITime off for Dependants

Provisions to be Inserted after Section 57 of the Employment Rights Act 1996

Dependants Time off for dependants. (1) An employee is entitled to be permitted by his...

Part IIIConsequential Amendments

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

1The Trade Union and Labour Relations (Consolidation) Act 1992 shall...

2In section 237(1A) (dismissal of those taking part in unofficial...

3In section 238(2A) (dismissal in connection with other industrial action)—...

Employment Tribunals Act 1996 (c. 17)

4. . . . . . . . . ....

Employment Rights Act 1996 (c. 18)

5The Employment Rights Act 1996 shall be amended as follows....

6. . . . . . . . . ....

7. . . . . . . . . ....

8After section 47B (protection from detriment: disclosures) insert— Leave for...

9In section 48(1) (detriment: complaints to employment tribunals) for “or...

10In section 88(1)(c) (notice period: employment with normal working hours)...

11In section 89(3)(b) (notice period: employment without normal working hours)...

12In section 92(4)(b) (right to written statement of reasons for...

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14. . . . . . . . . ....

15In section 98 (fairness of dismissal)— (a) . . ....

16For section 99 (unfair dismissal: pregnancy and childbirth) substitute— Leave...

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30. . . . . . . . . ....

31In section 192(2) (armed forces)— (a) . . . ....

32In section 194(2)(c) (House of Lords staff) for “and 47”...

33In section 195(2)(c) (House of Commons staff) for “and 47”...

34In section 199 (mariners)— (a) in subsection (2) for “50...

35In section 200(1) (police officers)— (a) after “47B,” insert “...

36In section 202(2) (national security)— (a) in paragraph (b) for...

37. . . . . . . . . ....

38(1) Section 212 (weeks counted in computing period of employment)...

39In section 225(5)(b) (calculation date: rights during employment) for sub-paragraph...

40. . . . . . . . . ....

41. . . . . . . . . ....

42(1) Section 236 (orders and regulations) shall be amended as...

SCHEDULE 5Unfair Dismissal of Striking Workers

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

1The Trade Union and Labour Relations (Consolidation) Act 1992 shall...

2In section 238 (dismissals in connection with industrial action) after...

3The following shall be inserted after section 238— Participation in...

4(1) Section 239 (supplementary provisions relating to unfair dismissal) shall...

Employment Rights Act 1996 (c. 18)

5(1) Section 105 of the Employment Rights Act 1996 (redundancy)...

SCHEDULE 6The Certification Officer

1The Trade Union and Labour Relations (Consolidation) Act 1992 shall...

Register of members

2. . . . . . . . . ....

3. . . . . . . . . ....

4(1) Section 25 (application to Certification Officer for declaration of...

5(1) Section 26 (application to court for declaration of breach...

Accounting records

6(1) Section 31 (remedy for failure to comply with request...

7(1) Section 45C (application to Certification Officer or court for...

Trade union administration: appeals

8After section 45C there shall be inserted— Appeals from Certification...

9. . . . . . . . . ....

10(1) Section 55 (application to Certification Officer for declaration of...

11(1) Section 56 (application to court for declaration of failure...

12After section 56 there shall be inserted— Appeals from Certification...

Application of funds for political objects

13After section 72 there shall be inserted— Application of funds...

Political ballot rules

14. . . . . . . . . ....

15(1) Section 80 (application to Certification Officer for declaration of...

16(1) Section 81 (application to court for declaration of failure...

17(1) Section 82 (rules as to political fund) shall be...

Amalgamation or transfer of engagements

18(1) Section 103 (complaints about procedure relating to amalgamation or...

Breach of union rules

19In Part I, after Chapter VII there shall be inserted—...

Employers’ associations

20(1) Section 132 (provisions about application of funds for political...

21In section 133 (provisions about amalgamations and similar matters to...

Procedure before Certification Officer

22In section 256 (procedure before Certification Officer) for subsection (2)...

23After section 256 there shall be inserted— Vexatious litigants. (1) The Certification Officer may refuse to entertain any application...

Annual report by Certification Officer

24In section 258(1) (Certification Officer: annual report) for “calendar year”...

SCHEDULE 7Employment Agencies

1The Employment Agencies Act 1973 shall be amended as provided...

General regulations

2(1) Section 5 (power to make general regulations) shall be...

3For section 6(1) (restriction on demand or receipt of fee...

4(1) Section 9 (inspection) shall be amended as follows.

5After section 11 there shall be inserted— Offences: extension of...

Regulations and orders

6For section 12(5) (regulations and orders: procedure) there shall be...

7In section 13(2) (definition of employment agency) for “workers” (in...

8For section 13(7)(i) there shall be substituted—

SCHEDULE 8National Security

1The following shall be substituted for section 193 of the...

2. . . . . . . . . ....

3The following shall be substituted for section 10 of that...

4. . . . . . . . . ....

5(1) Section 30 of that Act (Appeal Tribunal Procedure rules)...

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SCHEDULE 9Repeals

Royal arms

Employment Relations Act 1999

1999 CHAPTER 26

An Act to amend the law relating to employment, to trade unions and to employment agencies and businesses.

[27th July 1999]

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:—