Part I Trade Unions
F2Chapter VA Collective bargaining: recognition
F1C170C Section 70B: complaint to employment tribunal.
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.
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 M1Employment 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.
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)