SCHEDULES
F1C1C2SCHEDULE A1 Collective Bargaining: Recognition
Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)
Sch. 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)
Part I Recognition
Request for recognition
4
1
The union or unions seeking recognition must make a request for recognition to the employer.
2
Paragraphs 5 to 9 apply to the request.
5
The request is not valid unless it is received by the employer.
6
The request is not valid unless the union (or each of the unions) has a certificate F2of independence.
7
1
The request is not valid unless the employer, taken with any associated employer or employers, employs—
a
at least 21 workers on the day the employer receives the request, or
b
an average of at least 21 workers in the 13 weeks ending with that day.
2
To find the average under sub-paragraph (1)(b)—
a
take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);
b
aggregate the 13 numbers;
c
divide the aggregate by 13.
3
For the purposes of sub-paragraph (1)(a) any worker employed by an associated company incorporated outside Great Britain must be ignored unless the day the request was made fell within a period during which he ordinarily worked in Great Britain.
4
For the purposes of sub-paragraph (1)(b) any worker employed by an associated company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Great Britain.
5
For the purposes of sub-paragraphs (3) and (4) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless—
a
the ship’s entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,
b
the employment is wholly outside Great Britain, or
c
the worker is not ordinarily resident in Great Britain.
F35A
Sub-paragraph (5B) applies to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations 2010 (contract with the temporary work agency) is not a contract of employment.
5B
For the purposes of sub-paragraphs (1) and (2), the agency worker is to be treated as having a contract of employment with the temporary work agency for the duration of the assignment with the employer (and “assignment” has the same meaning as in those Regulations).
6
The Secretary of State may by order—
a
provide that sub-paragraphs (1) to (5) are not to apply, or are not to apply in specified circumstances, or
b
vary the number of workers for the time being specified in sub-paragraph (1);
and different provision may be made for different circumstances.
7
An order under sub-paragraph (6)—
a
shall be made by statutory instrument, and
b
may include supplementary, incidental, saving or transitional provisions.
8
No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.
8
The request is not valid unless it—
a
is in writing,
b
identifies the union or unions and the bargaining unit, and
c
states that it is made under this Schedule.
9
The Secretary of State may by order made by statutory instrument prescribe the form of requests and the procedure for making them; and if he does so the request is not valid unless it complies with the order.
Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)