9 Additional duties on employers informed of ballots
Employment Relations Act 2004 (2004 c 24) | Legislation

9  Additional duties on employers informed of ballots

(1)     Paragraph 26 of Schedule A1 to the 1992 Act (duties of employer informed of requirement to arrange ballot on recognition etc) is amended in accordance with subsections (2) to (4).

(2)     In sub-paragraph (1) for “three” substitute “five”.

(3)     After sub-paragraph (4) insert—

“(4A)     The fourth duty is to refrain from making any offer to any or all of the workers constituting the bargaining unit which—

(a)     has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, and

(b)     is not reasonable in the circumstances.

(4B)     The fifth duty is to refrain from taking or threatening to take any action against a worker solely or mainly on the grounds that he—

(a)     attended or took part in any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, or

(b)     indicated his intention to attend or take part in such a meeting.

(4C)     A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4A) and (4B) if—

(a)

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