Search Legislation

Trade Union and Labour Relations (Consolidation) Act 1992

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Paragraph 26

 Help about opening options

Changes to legislation:

Trade Union and Labour Relations (Consolidation) Act 1992, Paragraph 26 is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule A1 Paragraph 26:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

26(1)An employer who is informed by the CAC under paragraph 25(9) must comply with the following [F1five] duties.E+W+S

(2)The first duty is to co-operate generally, in connection with the ballot, with the union (or unions) and the person appointed to conduct the ballot; and the second and third duties are not to prejudice the generality of this.

(3)The second duty is to give to the union (or unions) such access to the workers constituting the bargaining unit as is reasonable to enable the union (or unions) to inform the workers of the object of the ballot and to seek their support and their opinions on the issues involved.

(4)The third duty is to do the following (so far as it is reasonable to expect the employer to do so)—

(a)to give to the CAC, within the period of 10 working days starting with the day after that on which the employer is informed under paragraph 25(9), the names and home addresses of the workers constituting the bargaining unit;

(b)to give to the CAC, as soon as is reasonably practicable, the name and home address of any worker who joins the unit after the employer has complied with paragraph (a);

(c)to inform the CAC, as soon as is reasonably practicable, of any worker whose name has been given to the CAC under paragraph [F219D or paragraph (a) or (b) of this sub-paragraph and] who ceases to be within the unit.

[F3(4A)The fourth duty is to refrain from making any offer to any or all of the workers constituting the bargaining unit which—

(a)has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, and

(b)is not reasonable in the circumstances.

(4B)The fifth duty is to refrain from taking or threatening to take any action against a worker solely or mainly on the grounds that he—

(a)attended or took part in any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, or

(b)indicated his intention to attend or take part in such a meeting.

(4C)A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4A) and (4B) if—

(a)it is organised in accordance with any agreement reached concerning the second duty or as a result of a step ordered to be taken under paragraph 27 to remedy a failure to comply with that duty, and

(b)it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend.

(4D)Without prejudice to the generality of the second duty imposed by this paragraph, an employer is to be taken to have failed to comply with that duty if—

(a)he refuses a request for a meeting between the union (or unions) and any or all of the workers constituting the bargaining unit to be held in the absence of the employer or any representative of his (other than one who has been invited to attend the meeting) and it is not reasonable in the circumstances for him to do so,

(b)he or a representative of his attends such a meeting without having been invited to do so,

(c)he seeks to record or otherwise be informed of the proceedings at any such meeting and it is not reasonable in the circumstances for him to do so, or

(d)he refuses to give an undertaking that he will not seek to record or otherwise be informed of the proceedings at any such meeting unless it is reasonable in the circumstances for him to do either of those things.

(4E)The fourth and fifth duties do not confer any rights on a worker; but that does not affect any other right which a worker may have.]

[F4(4F)Sub-paragraph (4)(a) does not apply to names and addresses that the employer has already given to the CAC under paragraph 19D.

(4G)Where (because of sub-paragraph (4F)) the employer does not have to comply with sub-paragraph (4)(a), the reference in sub-paragraph (4)(b) to the time when the employer complied with sub-paragraph (4)(a) is to be read as a reference to the time when the employer is informed under paragraph 25(9).

(4H)If—

(a)a person was appointed on an application under paragraph 19C, and

(b)the person appointed to conduct the ballot is not that person,

the CAC must, as soon as is reasonably practicable, pass on to the person appointed to conduct the ballot the names and addresses given to it under paragraph 19D.]

(5)As soon as is reasonably practicable after the CAC receives any information under sub-paragraph (4) it must pass it on to the person appointed to conduct the ballot.

(6)If asked to do so by the union (or unions) the person appointed to conduct the ballot must send to any worker—

(a)whose name and home address have been [F5passed on to him under paragraph 19D or this paragraph], and

(b)who is still within the unit (so far as the person so appointed is aware),

any information supplied by the union (or unions) to the person so appointed.

(7)The duty under sub-paragraph (6) does not apply unless the union bears (or unions bear) the cost of sending the information.

[F6(8)Each of the powers specified in sub-paragraph (9) shall be taken to include power to issue Codes of Practice—

(a)about reasonable access for the purposes of sub-paragraph (3), and

(b)about the fourth duty imposed by this paragraph.

(9)The powers are—

(a)the power of ACAS under section 199(1);

(b)the power of the Secretary of State under section 203(1)(a).]

Textual Amendments

F1Word in Sch. A1 para. 26(1) substituted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 9(2), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

F2Words in Sch A1 para. 26(4)(c) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 5(3), 59(2)-(4); S.I. 2005/872, art. 4, Sch (with arts 6-21)

F3Sch. A1 para 26(4A)-(4E) inserted (1.10.2005) by Employment Relations Act 2004 (c. 25), ss. 9(3), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

F4Sch. A1 para. 26(4F)-(4H) inserted (6.4.2005) by virtue of Employment Relations Act 2004 (c. 24), ss. 5(4), 59(2)-(4); S.I. 2005/872, art. 4, Sch (with arts. 6-21)

F5Words in Sch. A1 para. 26(6) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 5(5), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts 6-21)

F6Sch. A1 para. 26(8)-(9) substituted for Sch. A1 para. 26(8) (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 9(4), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Schedule

The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Schedule as a PDF

The Whole Schedule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources