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Trade Union and Labour Relations (Consolidation) Act 1992, Paragraph 74 is up to date with all changes known to be in force on or before 13 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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74(1)If the employer—E+W+S
(a)believes that the original unit has ceased to exist, and
(b)wishes the bargaining arrangements to cease to have effect,
he must give the union (or each of the unions) a notice complying with sub-paragraph (2) and must give a copy of the notice to the CAC.
(2)A notice complies with this sub-paragraph if it—
(a)identifies the unit and the bargaining arrangements,
(b)states the date on which the notice is given,
(c)states that the unit has ceased to exist, and
(d)states that the bargaining arrangements are to cease to have effect on a date which is specified in the notice and which falls after the end of the period of 35 working days starting with the day after that on which the notice is given.
(3)Within the validation period the CAC must decide whether the notice complies with sub-paragraph (2).
(4)If the CAC decides that the notice does not comply with sub-paragraph (2)—
(a)the CAC must give the parties notice of its decision, and
(b)the employer’s notice shall be treated as not having been given.
(5)If the CAC decides that the notice complies with sub-paragraph (2) it must give the parties notice of the decision.
(6)The bargaining arrangements shall cease to have effect on the date specified under sub-paragraph (2)(d) if—
(a)the CAC gives notice under sub-paragraph (5), and
(b)the union does not (or unions do not) apply to the CAC under paragraph 75.
(7)The validation period is—
(a)the period of 10 working days starting with the day after that on which the CAC receives the copy of the notice, or
(b)such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
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