Trade Union and Labour Relations (Consolidation) Act 1992

[F1 Requirement on trade union to give notice of industrial action] E+W+S

Textual Amendments

F1 S. 234A and cross heading inserted (30.8.1993) by 1993 c. 19, s.21; S.I. 1993/1908, art. 2(1), Sch.1

[234A F2 Notice to employers of industrial action. E+W+S

(1) An act done by a trade union to induce a person to take part, or continue to take part, in industrial action is not protected as respects his employer unless the union has taken or takes such steps as are reasonably necessary to ensure that the employer receives within the appropriate period a relevant notice covering the act.

(2) Subsection (1) imposes a requirement in the case of an employer only if it is reasonable for the union to believe, at the latest time when steps could be taken to ensure that he receives such a notice, that he is the employer of persons who will be or have been induced to take part, or continue to take part, in the industrial action.

(3) For the purposes of this section a relevant notice is a notice in writing which—

[F3 (a) contains—

(i) the lists mentioned in subsection (3A) and the figures mentioned in subsection (3B), together with an explanation of how those figures were arrived at, or

(ii) where some or all of the affected employees are employees from whose wages the employer makes deductions representing payments to the union, either those lists and figures and that explanation or the information mentioned in subsection (3C), and]

(b) states whether industrial action is intended to be continuous or discontinuous and specifies—

(i) where it is to be continuous, the intended date for any of the affected employees to begin to take part in the action,

(ii) where it is to be discontinuous, the intended dates for any of the affected employees to take part in the action, F4 . . .

(c) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (3A) The lists referred to in subsection (3)(a) are—

(a) a list of the categories of employee to which the affected employees belong, and

(b) a list of the workplaces at which the affected employees work.

(3B) The figures referred to in subsection (3)(a) are—

(a) the total number of the affected employees,

(b) the number of the affected employees in each of the categories in the list mentioned in subsection (3A)(a), and

(c) the number of the affected employees who work at each workplace in the list mentioned in subsection (3A)(b).

(3C) The information referred to in subsection (3)(a)(ii) is such information as will enable the employer readily to deduce—

(a) the total number of the affected employees,

(b) the categories of employee to which the affected employees belong and the number of the affected employees in each of those categories, and

(c) the workplaces at which the affected employees work and the number of them who work at each of those workplaces.

(3D) The lists and figures supplied under this section, or the information mentioned in subsection (3C) that is so supplied, must be as accurate as is reasonably practicable in the light of the information in the possession of the union at the time when it complies with subsection (1).

(3E) For the purposes of subsection (3D) information is in the possession of the union if it is held, for union purposes—

(a) in a document, whether in electronic form or any other form, and

(b) in the possession or under the control of an officer or employee of the union.

(3F) Nothing in this section requires a union to supply an employer with the names of the affected employees.]

(4) For the purposes of subsection (1) the appropriate period is the period—

(a) beginning with the day when the union satisfies the requirement of section 231A in relation to the ballot in respect of the industrial action, and

(b) ending with the seventh day before the day, or before the first of the days, specified in the relevant notice.

(5) For the purposes of subsection (1) a relevant notice covers an act done by the union if the person induced [F6 falls within a notified category of employee and the workplace at which he works is a notified workplace] and—

(a) where he is induced to take part or continue to take part in industrial action which the union intends to be continuous, if—

(i) the notice states that the union intends the industrial action to be continuous, and

(ii) there is no participation by him in the industrial action before the date specified in the notice in consequence of any inducement by the union not covered by a relevant notice; and

(b) where he is induced to take part or continue to take part in industrial action which the union intends to be discontinuous, if there is no participation by him in the industrial action on a day not so specified in consequence of any inducement by the union not covered by a relevant notice.

[F7 (5B) In subsection (5)—

(a) a “notified category of employee” means—

(i) a category of employee that is listed in the notice, or

(ii) where the notice contains the information mentioned in subsection (3C), a category of employee that the employer (at the time he receives the notice) can readily deduce from the notice is a category of employee to which some or all of the affected employees belong, and

(b) a “notified workplace” means—

(i) a workplace that is listed in the notice, or

(ii) where the notice contains the information mentioned in subsection (3C), a workplace that the employer (at the time he receives the notice) can readily deduce from the notice is the workplace at which some or all of the affected employees work.

(5C) In this section references to the “affected employees” are references to those employees of the employer who the union reasonably believes will be induced by the union, or have been so induced, to take part or continue to take part in the industrial action.

(5D) For the purposes of this section, the workplace at which an employee works is—

(a) in relation to an employee who works at or from a single set of premises, those premises, and

(b) in relation to any other employee, the premises with which his employment has the closest connection.]

(6) For the purposes of this section—

(a) a union intends industrial action to be discontinuous if it intends it to take place only on some days on which there is an opportunity to take the action, and

(b) a union intends industrial action to be continuous if it intends it to be not so restricted.

(7) [F8 Subject to subsections (7A) and (7B),]]Where—

(a) continuous industrial action which has been authorised or endorsed by a union ceases to be so authorised or endorsed [F9 otherwise than to enable the union to comply with a court order or an undertaking given to a court], and

(b) the industrial action has at a later date again been authorised or endorsed by the union (whether as continuous or discontinuous action),

no relevant notice covering acts done to induce persons to take part in the earlier action shall operate to cover acts done to induce persons to take part in the action authorised or endorsed at the later date and this section shall apply in relation to an act to induce a person to take part, or continue to take part, in the industrial action after that date as if the references in subsection (3)(b)(i) to the industrial action were to the industrial action taking place after that date.

[F10 (7A) Subsection (7) shall not apply where industrial action ceases to be authorised or endorsed in order to enable the union to comply with a court order or an undertaking given to a court.

F10 (7B) Subsection (7) shall not apply where—

(a) a union agrees with an employer, before industrial action ceases to be authorised or endorsed, that it will cease to be authorised or endorsed with effect from a date specified in the agreement (“the suspension date") and that it may again be authorised or endorsed with effect from a date not earlier than a date specified in the agreement (“the resumption date"),

(b) the action ceases to be authorised or endorsed with effect from the suspension date, and

(c) the action is again authorised or endorsed with effect from a date which is not earlier than the resumption date or such later date as may be agreed between the union and the employer.]

(8) The requirement imposed on a trade union by subsection (1) shall be treated as having been complied with if the steps were taken by other relevant persons or committees whose acts were authorised or endorsed by the union and references to the belief or intention of the union in subsection (2) or, as the case may be, subsections (3), (5) [F11 , (5C)] and (6) shall be construed as references to the belief or the intention of the person or committee taking the steps.

(9) The provisions of section 20(2) to (4) apply for the purpose of determining for the purposes of subsection (1) who are relevant persons or committees and whether the trade union is to be taken to have authorised or endorsed the steps the person or committee took and for the purposes of [F12 subsections (7) to (7B)] whether the trade union is to be taken to have authorised or endorsed the industrial action.

Textual Amendments

F2 S. 234A and cross heading inserted (30.8.1993) by 1993 c. 19, s. 21; S.I. 1993/1908, art. 2(1), Sch. 1

F3 S. 234A(3)(a) substituted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 25(2)(a), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

F4 S. 234A(3)(c) and preceding word repealed (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 25(2)(b), 57(2), 59(2)-(4), Sch. 2; S.I. 2005/2419, art. 3(a)(c), Sch. (with arts. 5-7)

F5 S. 234A(3A)-(3F) inserted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 25(3), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

F6 Words in s. 234A(5) substituted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 25(4), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

F7 S. 234A(5B)-(5D) substituted for s. 234A(5A) (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 25(5), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

F8 Words in s. 234A(7) inserted (18.9.2000) by 1999 c. 26, ss. 4, 45, Sch. 3 paras. 1, 11(1)(4)(a); S.I. 2000/2242, art. 2(2)( with transitional provisions in art. 4)

F9 Words in s. 234A(7)(a) ceased to have effect (18.9.2000) and repealed (prosp.) by virtue of 1999 c. 26, ss. 4, 44, 45, Sch. 3 paras. 1, 11(1)(4)(b), Sch. 9(1)

F10 S.234A(7A)(7B) inserted (18.9.2000) by 1999 c. 26, ss. 4, 45, Sch. 3 paras. 1, 11(1)(5); S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)

F11 Words in s. 234A(8) inserted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 25(6), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

F12 Words in s. 234A(9) substituted (18.9.2000) by 1999 c. 26, ss. 4, 45, Sch. 3 paras. 1, 11(1)(6); S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)

Modifications etc. (not altering text)

C1 S. 234A applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(c)

235 Construction of references to contract of employment. E+W+S

In sections 226 to [F13 234A] (requirement of ballot before action by trade union) references to a contract of employment include any contract under which one person personally does work or performs services for another; [F13 and “employer" and other related expressions] shall be construed accordingly.

Textual Amendments

F13 Words in s. 235 substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.75; S.I. 1993/1908, art. 2(1), Sch.1

Modifications etc. (not altering text)

C2 S. 235 applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(c)