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- Original (As made)
The Trade Union and Labour Relations (Northern Ireland) Order 1995 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date.
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PART II TRADE UNION ADMINISTRATION
PART III ELECTIONS FOR CERTAIN POSITIONS
PART V APPLICATION OF FUNDS FOR POLITICAL OBJECTS
PART X MISCELLANEOUS AMENDMENTS
PART XI MISCELLANEOUS AND GENERAL
SCHEDULES
COLLECTIVE BARGAINING: RECOGNITION
1.A trade union (or trade unions) seeking recognition to be entitled to conduct collective bargaining...
2.(1) This paragraph applies for the purposes of this Part. (2) References to the bargaining...
3.(1) This paragraph applies for the purposes of this Part. (2) References to collective bargaining...
4.(1) The union or unions seeking recognition must make a request for recognition to the...
5.The request is not valid unless it is received by the employer.
6.The request is not valid unless the union (or each of the unions) has a...
This div-1 has a number but no title; creating a P1group with an empty Title
7.(1) The request is not valid unless the employer, taken with any associated employer or...
8.The request is not valid unless it— (a) is in writing, (b) identifies the union...
9.The Department may by order prescribe the form of requests and the procedure for making...
18.(1) If the Court accepts an application under paragraph 11(2) or 12(2) it must try...
18A.(1) This paragraph applies if the Court accepts an application under paragraph 11(2) or 12(2)....
19.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 11(2) or...
19A.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 11(2) or...
19B.(1) This paragraph applies if the Court has to decide whether a bargaining unit is...
Union communications with workers after acceptance of application
19C.(1) This paragraph applies if the Court accepts an application under paragraph 11(2) or 12(2)...
19D.(1) An employer who is informed by the Court under paragraph 19C(7)(b) must comply with...
19E.(1) During the initial period, the appointed person must if asked to do so by...
19F.(1) If the Court is satisfied that the employer has failed to fulfil a duty...
20.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 11(2) or...
21.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 11(2) or...
22.(1) This paragraph applies if— (a) the Court proceeds with an application in accordance with...
23.(1) This paragraph applies if— (a) the Court proceeds with an application in accordance with...
24.(1) This paragraph applies if the Court gives notice under paragraph 22(3) or 23(2). (2)...
25.(1) This paragraph applies if the Court arranges under paragraph 24 for the holding of...
26.(1) An employer who is informed by the Court under paragraph 25(9) must comply with...
27.(1) If the Court is satisfied that the employer has failed to fulfil any of...
27A.(1) Each of the parties informed by the Court under paragraph 25(9) must refrain from...
27B.(1) A party may complain to the Court that another party has failed to comply...
27C.(1) This paragraph applies if the Court decides that a complaint under paragraph 27B is...
27D.(1) This paragraph applies if the Court issues a declaration under paragraph 27C(2) and the...
27E.(1) This paragraph applies if the Court issues a declaration that a complaint under paragraph...
27F.(1) This paragraph applies if the Court gives a notice under paragraph 27C(3)(b). (2) Paragraphs...
28.(1) This paragraph applies if the holding of a ballot has been arranged under paragraph...
29.(1) As soon as is reasonably practicable after the Court is informed of the result...
General provisions about admissibility
33.An application under paragraph 11 or 12 is not admissible unless— (a) it is made...
34.An application under paragraph 11 or 12 is not admissible unless the union gives (or...
35.(1) An application under paragraph 11 or 12 is not admissible if the Court is...
36.(1) An application under paragraph 11 or 12 is not admissible unless the Court decides...
37.(1) This paragraph applies to an application made by more than one union under paragraph...
38.(1) This paragraph applies if— (a) the Court accepts a relevant application relating to a...
39.(1) This paragraph applies if the Court accepts a relevant application relating to a bargaining...
40.(1) This paragraph applies if the Court issues a declaration under paragraph 27D(4) or 29(4)...
41.(1) This paragraph applies if the Court issues a declaration under paragraph 119D(4), 119H(5) or...
42.(1) This paragraph applies for the purposes of paragraphs 39 to 41. (2) It is...
General provisions about validity
43.(1) Paragraphs 44 to 50 apply if the Court has to decide under paragraph 20...
44.(1) The application in question is invalid if the Court is satisfied that there is...
45.The application in question is invalid unless the Court decides that— (a) members of the...
46.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 11 or...
47.(1) This paragraph applies if the Court accepts an application under paragraph 11 or 12...
48.(1) This paragraph applies if the Court issues a declaration under paragraph 27D(4) or 29(4)...
49.(1) This paragraph applies if the Court issues a declaration under paragraph 119D(4), 119H(5) or...
50.(1) This paragraph applies for the purposes of paragraphs 47 to 49. (2) It is...
Application to Court to specify method
58.(1) This paragraph applies if the parties make an agreement for recognition. (2) The parties...
59.(1) This paragraph applies if— (a) the parties to an agreement for recognition agree a...
60.(1) This paragraph applies if an application for assistance is made to the Court under...
61.(1) An application to the Court is not admissible unless— (a) it is made in...
PART III CHANGES AFFECTING BARGAINING UNIT
Either party believes unit no longer appropriate
66.(1) This paragraph applies if the employer believes or the union believes (or unions believe)...
67.(1) An application under paragraph 66 is not admissible unless the Court decides that it...
68.(1) The Court must give notice to the parties of receipt of an application under...
69.(1) This paragraph applies if— (a) the Court gives notice of acceptance of the application,...
70.(1) This paragraph applies if— (a) the Court gives notice of acceptance of the application,...
71.If the Court gives notice under paragraph 70 of a decision that the original unit...
72.Paragraph 82 applies if the Court gives notice under paragraph 70 of— (a) a decision...
73.(1) This paragraph applies if— (a) the parties agree under paragraph 69 a bargaining unit...
Employer believes unit has ceased to exist
74.(1) If the employer— (a) believes that the original unit has ceased to exist, and...
75.(1) Paragraph 76 applies if— (a) the Court gives notice under paragraph 74(5), and (b)...
76.(1) The Court must give notice to the parties of receipt of an application under...
77.(1) If the Court accepts an application it— (a) must give the employer and the...
78.(1) This paragraph applies if— (a) the Court gives notice under paragraph 77(4), and (b)...
79.(1) This paragraph applies if— (a) the Court gives notice under paragraph 77(4), and (b)...
80.Paragraph 82 applies if the Court gives notice under paragraph 79 of a decision as...
81.(1) This paragraph applies if— (a) the parties agree under paragraph 78 a bargaining unit...
Position where Court decides new unit
82.(1) This paragraph applies if the Court gives notice under paragraph 70 of— (a) a...
83.(1) This paragraph applies if in the Court's opinion the new unit contains at least...
84.(1) This paragraph applies if in the Court's opinion the new unit contains— (a) at...
85.(1) If the Court's opinion is not that mentioned in paragraph 83(1) or 84(1) it...
86.(1) This paragraph applies if the Court decides under paragraph 85(1) that the support of...
87.(1) This paragraph applies if— (a) the Court decides both the questions in paragraph 86(2)...
88.(1) This paragraph applies if— (a) the Court decides both the questions in paragraph 86(2)...
89.(1) If the Court gives notice under paragraph 87(3) or 88(2) the union (or unions)...
PART IV DERECOGNITION: GENERAL
99A.(1) A notice given for the purposes of paragraph 99(2)( “the notice in question”) is...
100.(1) If an employer gives notice for the purposes of paragraph 99(2), Within the validation...
101.(1) This paragraph applies if— (a) the Court gives notice under paragraph 100(3), and (b)...
102.(1) The Court must give notice to the parties of receipt of an application under...
103.(1) If the Court accepts an application it— (a) must give the employer and the...
Employer's request to end arrangements
104.(1) This paragraph and paragraphs 105 to 111 apply if after the relevant date the...
105.(1) If before the end of the first period the parties agree to end the...
106.(1) This paragraph applies if— (a) before the end of the first period the union...
107.(1) This paragraph applies if— (a) the union informs (or unions inform) the employer under...
108.(1) An application under paragraph 106 or 107 is not admissible unless— (a) it is...
109.(1) An application under paragraph 106 or 107 is not admissible if— (a) a relevant...
110.(1) An application under paragraph 106 or 107 is not admissible unless the Court decides...
111.(1) The Court must give notice to the parties of receipt of an application under...
Workers' application to end arrangements
112.(1) A worker or workers falling within the bargaining unit may after the relevant date...
113.(1) An application under paragraph 112 is not admissible if— (a) a relevant application was...
114.(1) An application under paragraph 112 is not admissible unless the Court decides that— (a)...
115.(1) The Court must give notice to the worker (or workers), the employer and the...
116.(1) If the Court accepts the application, in the negotiation period the Court must help...
117.(1) This paragraph applies if the Court accepts an application under paragraph 106 or 107....
118.(1) An employer who is informed by the Court under paragraph 117(11) must comply with...
119.(1) If the Court is satisfied that the employer has failed to fulfil any of...
119A.(1) Each of the parties informed by the Court under paragraph 117(11) must refrain from...
119B.(1) A party may complain to the Court that another party has failed to comply...
119C.(1) This paragraph applies if the Court decides that a complaint under paragraph 119B is...
119D.(1) This paragraph applies if the Court issues a declaration under paragraph 119C(2) and the...
119E.(1) This paragraph applies if the Court issues a declaration that a complaint under paragraph...
119F.(1) This paragraph applies if the Court makes arrangements under paragraph 119C(3)(b). (2) Paragraphs 117(4)...
119G.(1) Paragraphs 119A to 119C, 119E and 119F apply in relation to an application under...
119H.(1) This paragraph applies in relation to an application under paragraph 112 in the cases...
119I.(1) This paragraph applies if— (a) a ballot has been arranged in consequence of an...
120.(1) This paragraph applies if the holding of a ballot has been arranged under paragraph...
121.(1) As soon as is reasonably practicable after the Court is informed of the result...
PART V DERECOGNITION WHERE RECOGNITION AUTOMATIC
122.(1) This Part of this Schedule applies if— (a) the Court has issued a declaration...
123.(1) This Part also applies if— (a) the Court has issued a declaration under paragraph...
124.(1) This Part also applies if the Court has issued a declaration under paragraph 87(2)...
125.For the purposes of this Part the relevant date is the date of the expiry...
126.References in this Part of this Schedule to the parties are to the employer and...
Employer's request to end arrangements
127.(1) The employer may after the relevant date request the union (or each of the...
128.(1) If before the end of the negotiation period the parties agree to end the...
129.(1) An application under paragraph 128 is not admissible unless— (a) it is made in...
130.(1) An application under paragraph 128 is not admissible if— (a) a relevant application was...
131.(1) An application under paragraph 128 is not admissible unless the Court is satisfied that...
132.(1) The Court must give notice to the parties of receipt of an application under...
PART VI DERECOGNITION WHERE UNION NOT INDEPENDENT
Workers' application to end arrangements
137.(1) A worker or workers falling within the bargaining unit may apply to the Court...
138.An application under paragraph 137 is not admissible if the Court is satisfied that any...
139.(1) An application under paragraph 137 is not admissible unless the Court decides that— (a)...
140.An application under paragraph 137 is not admissible if the Court is satisfied that— (a)...
141.(1) The Court must give notice to the worker (or workers), the employer and the...
142.(1) If the Court accepts the application, in the negotiation period the Court must help...
143.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 137, (b)...
144.(1) This paragraph applies if the Court is subsequently satisfied that— (a) the Certification Officer...
145.(1) This paragraph applies if the Court is subsequently satisfied that— (a) the Certification Officer...
146.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 137, (b)...
156.(1) A worker has a right not to be subjected to any detriment by any...
157.(1) An industrial tribunal shall not consider a complaint under paragraph 156 unless it is...
158.On a complaint under paragraph 156 it shall be for the employer to show the...
159.(1) If the industrial tribunal finds that a complaint under paragraph 156 is well-founded it...
160.(1) If the industrial tribunal finds that a complaint under paragraph 156 is well-founded and—...
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