Textual Amendments
F1Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)
Modifications etc. (not altering text)
C1Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)
C2Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)
107(1)This paragraph applies if —E+W+S
(a)the union informs (or unions inform) the employer under paragraph 105(2), and
(b)no agreement is made before the end of the second period.
(2)The employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
(3)But no application may be made if within the period of 10 working days starting with the day after that on which the union informs (or unions inform) the employer under paragraph 105(2) the union proposes (or unions propose) that ACAS be requested to assist in conducting the negotiations and—
(a)the employer rejects the proposal, or
(b)the employer fails to accept the proposal within the period of 10 working days starting with the day after that on which the union makes (or unions make) the proposal.