Trade Union and Labour Relations (Consolidation) Act 1992

[F1 Chapter VA E+W+S Collective bargaining: recognition]

Textual Amendments

F1 S. 70A of Chapter VA Pt. I and Chapter heading inserted (6.6.2000) by 1999 c. 26, ss. 1(2); S.I. 2000/1338, art. 2(a)

[F2 70A Recognition of trade unions. E+W+S

Schedule A1 shall have effect.]

Textual Amendments

F2 S. 70A of Chapter VA Pt. I and chapter heading inserted (6.6.2000) by 1999 c. 26, ss. 1(2), 44

Modifications etc. (not altering text)

C1 S. 70A applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(a)

[F3 70B Training. E+W+S

(1) This section applies where—

(a) a trade union is recognised, in accordance with Schedule A1, as entitled to conduct collective bargaining on behalf of a bargaining unit (within the meaning of Part I of that Schedule), and

(b) a method for the conduct of collective bargaining is specified by the Central Arbitration Committee under paragraph 31(3) of that Schedule (and is not the subject of an agreement under paragraph 31(5)(a) or (b)).

(2) The employer must from time to time invite the trade union to send representatives to a meeting for the purpose of—

(a) consulting about the employer’s policy on training for workers within the bargaining unit,

(b) consulting about his plans for training for those workers during the period of six months starting with the day of the meeting, and

(c) reporting about training provided for those workers since the previous meeting.

(3) The date set for a meeting under subsection (2) must not be later than—

(a) in the case of a first meeting, the end of the period of six months starting with the day on which this section first applies in relation to a bargaining unit, and

(b) in the case of each subsequent meeting, the end of the period of six months starting with the day of the previous meeting.

(4) The employer shall, before the period of two weeks ending with the date of a meeting, provide to the trade union any information—

(a) without which the union’s representatives would be to a material extent impeded in participating in the meeting, and

(b) which it would be in accordance with good industrial relations practice to disclose for the purposes of the meeting.

[F4 (4A) If the information mentioned in subjection (4) includes information relating to the employment situation the employer must (so far as not required by subsection (4)) also provide at the same time to the trade union the following information—

(a) the number of agency workers working temporarily for and under the supervision and direction of the employer,

(b) the parts of the employer’s undertaking in which those agency workers are working, and

(c) the type of work those agency workers are carrying out.]

(5) Section 182(1) shall apply in relation to the provision of information under subsection (4) [F5 or (4A)] as it applies in relation to the disclosure of information under section 181.

(6) The employer shall take account of any written representations about matters raised at a meeting which he receives from the trade union within the period of four weeks starting with the date of the meeting.

(7) Where more than one trade union is recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, a reference in this section to “the trade union" is a reference to each trade union.

(8) Where at a meeting under this section (Meeting 1) an employer indicates his intention to convene a subsequent meeting (Meeting 2) before the expiry of the period of six months beginning with the date of Meeting 1, for the reference to a period of six months in subsection (2)(b) there shall be substituted a reference to the expected period between Meeting 1 and Meeting 2.

(9) The Secretary of State may by order made by statutory instrument amend any of subsections (2) to (6).

(10) No order shall be made under subsection (9) unless a draft has been laid before, and approved by resolution of, each House of Parliament.]

Textual Amendments

F3 Ss. 70B, 70C inserted (6.6.2000) by 1999 c. 26, s. 5; S.I. 2000/1338, art. 2(b)

F4 S. 70B(4A) inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 2(a)

F5 Words in s. 70B(5) inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 2(b)

Modifications etc. (not altering text)

C2 S. 70B applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(a)

[F6 70C Section 70B: complaint to employment tribunal. E+W+S

(1) A trade union may present a complaint to an employment tribunal that an employer has failed to comply with his obligations under section 70B in relation to a bargaining unit.

(2) An employment tribunal shall not consider a complaint under this section unless it is presented—

(a) before the end of the period of three months beginning with the date of the alleged failure, or

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F7 (2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).]

(3) Where an employment tribunal finds a complaint under this section well-founded it—

(a) shall make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to each person who was, at the time when the failure occurred, a member of the bargaining unit.

(4) The amount of the award shall not, in relation to each person, exceed two weeks’ pay.

(5) For the purpose of subsection (4) a week’s pay—

(a) shall be calculated in accordance with Chapter II of Part XIV of the M1 Employment Rights Act 1996 (taking the date of the employer’s failure as the calculation date), and

(b) shall be subject to the limit in section 227(1) of that Act.

(6) Proceedings for enforcement of an award of compensation under this section—

(a) may, in relation to each person to whom compensation is payable, be commenced by that person, and

(b) may not be commenced by a trade union.]

Textual Amendments

F6 Ss. 70B, 70C inserted (6.6.2000) by 1999 c. 26, s. 5; S.I. 2000/1338, art. 2(b)

F7 S. 70C(2A) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 2 para. 4; S.I. 2014/253, art. 3(g)

Modifications etc. (not altering text)

C3 S. 70C applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(a)

Marginal Citations

M1 1996 c. 18.