- Latest available (Revised)
- Point in Time (31/12/2004)
- Original (As enacted)
Version Superseded: 06/04/2005
Point in time view as at 31/12/2004.
Trade Union and Labour Relations (Consolidation) Act 1992, Cross Heading: Employer’s request to end arrangements is up to date with all changes known to be in force on or before 29 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
127(1)The employer may after the relevant date request the union (or each of the unions) to agree to end the bargaining arrangements.E+W+S
(2)The request is not valid unless it—
(a)is in writing,
(b)is received by the union (or each of the unions),
(c)identifies the bargaining arrangements,
(d)states that it is made under this Schedule, and
(e)states that fewer than half of the workers constituting the bargaining unit are members of the union (or unions).
128(1)If before the end of the negotiation period the parties agree to end the bargaining arrangements no further steps are to be taken under this Part of this Schedule.E+W+S
(2)If no such agreement is made before the end of the negotiation period, the employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
(3)The negotiation period is the period of 10 working days starting with the day after—
(a)the day on which the union receives the request, or
(b)the last day on which any of the unions receives the request;
or such longer period (so starting) as the parties may from time to time agree.
129(1)An application under paragraph 128 is not admissible unless—E+W+S
(a)it is made in such form as the CAC specifies, and
(b)it is supported by such documents as the CAC specifies.
(2)An application under paragraph 128 is not admissible unless the employer gives to the union (or each of the unions)—
(a)notice of the application, and
(b)a copy of the application and any documents supporting it.
130(1)An application under paragraph 128 is not admissible if—
(a)a relevant application was made within the period of 3 years prior to the date of the application under paragraph 128,
(b)the relevant application and the application under paragraph 128 relate to the same bargaining unit, and
(c)the CAC accepted the relevant application.
(2)A relevant application is an application made to the CAC—
(a)by the union (or the unions) under paragraph 101,
(b)by the employer under paragraph 106, 107 or 128, or
(c)by a worker (or workers) under paragraph 112.
131(1)An application under paragraph 128 is not admissible unless the CAC is satisfied that fewer than half of the workers constituting the bargaining unit are members of the union (or unions).E+W+S
(2)The CAC must give reasons for the decision.
132(1)The CAC must give notice to the parties of receipt of an application under paragraph 128.E+W+S
(2)Within the acceptance period the CAC must decide whether—
(a)the request is valid within the terms of paragraph 127, and
(b)the application is admissible within the terms of paragraphs 129 to 131.
(3)In deciding those questions the CAC must consider any evidence which it has been given by the parties.
(4)If the CAC decides that the request is not valid or the application is not admissible—
(a)the CAC must give notice of its decision to the parties,
(b)the CAC must not accept the application, and
(c)no further steps are to be taken under this Part of this Schedule.
(5)If the CAC decides that the request is valid and the application is admissible it must—
(a)accept the application, and
(b)give notice of the acceptance to the parties.
(6)The acceptance period is—
(a)the period of 10 working days starting with the day after that on which the CAC receives the application, or
(b)such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: