The Trade Union and Labour Relations (Northern Ireland) Order 1995

Pressure to impose union recognition requirement N.I.

103.—(1) An act is not protected if it constitutes, or is one of a number of acts which together constitute, an inducement or attempted inducement of a person—

(a) to incorporate in a contract to which that person is a party, or a proposed contract to which he intends to be a party, a term or condition which is or would be void by virtue of Article 28(1) of the 1992 Order (recognition requirement in contract for goods or services); or

(b) to contravene Article 28(2) of that Order (refusal to deal with person on grounds of union exclusion).

(2) An act is not protected if—

(a) it interferes with the supply (whether or not under a contract) of goods or services, or can reasonably be expected to have that effect, and

(b) one of the facts relied upon for the purpose of establishing liability is that a person has—

(i) induced another to break a contract of employment or interfered or induced another to interfere with its performance; or

(ii) threatened that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance; and

(c) the reason, or one of the reasons, for doing the act is the fact or belief that the supplier (not being the employer under the contract of employment mentioned in sub-paragraph (b)) does not, or might not—

(i) recognise one or more trade unions for the purpose of negotiating on behalf of workers, or any class of worker, employed by him, or

(ii) negotiate or consult with, or with an official of, one or more trade unions.