Legislation – Employment Rights Act 2025

“Statement of trade union rights

136ARight to statement of trade union rights

(1)

A worker’s employer must give the worker a written statement that the worker has the right to join a trade union.

(2)

The statement must be given—

(a)

at the same time as the employer gives the worker a statement under section 1 of the 1996 Act (statement of employment particulars);

(b)

at other prescribed times.

(3)

The Secretary of State may prescribe—

(a)

information that must be included in the statement;

(b)

the form which the statement must take;

(c)

the manner in which the statement must be given.

(4)

The information prescribed may include that the worker has rights conferred by this Part.

(5)

For the purposes of this section—

(a)

“worker” and “employer” have the same meaning as in the 1996 Act (see section 230 of that Act);

(b)

in a case where an employer gives a worker a statement under section 1 of the 1996 Act in instalments (see section 2(4) of that Act), that statement is to be treated as given when the first instalment is given;

(c)

“the 1996 Act” means the Employment Rights Act 1996.

(6)

Regulations prescribing anything for the purposes of this section (see section 293(1)) may make different provision for different purposes.

(7)

See section 38 of the Employment Act 2002 for the effect of failing to give a statement in accordance with this section.”

“Chapter 5ZARight of trade unions to access workplaces

Access agreements: general

70ZAAccess agreements

(1)

This section applies for the purposes of this Chapter.

(2)

An “access agreement” is an agreement between a qualifying trade union and an employer that—

(a)

provides for one or more officials of the union to physically enter a workplace or communicate with workers (or both) for any of the access purposes, and

(b)

is entered into under section 70ZD or is treated as having been entered into under section 70ZE.

(3)

A “qualifying trade union” is a trade union that has a certificate of independence.

(4)

“Access” means—

(a)

physical entry into a workplace;

(b)

communication with workers.

(5)

A reference to communication with workers is a reference to communication with workers (including the provision of information to workers) by any means, whether directly or indirectly.

(6)

The “access purposes” are—

(a)

to meet, support, represent, recruit or organise workers (whether or not they are members of a trade union);

(b)

to facilitate collective bargaining.

(7)

But the access purposes do not include organising industrial action.

(8)

Sections 70ZB to 70ZF contain provision about entering into access agreements.

(9)

Section 70ZG contains provision about the variation or revocation of access agreements.

(10)

Sections 70ZH to 70ZK contain provision about the enforcement of access agreements.

(11)

Section 70ZL contains general limitations on the provision that may be made under this Chapter, including in access agreements.

Entering into access agreements

70ZBAccess requests and response notices

(1)

A qualifying trade union may give an employer a request for access by one or more officials of the union for any of the access purposes.

(2)

A request under subsection (1)—

(a)

may request access on one or more occasions;

(b)

may include the terms on which access is requested (including as to what (if any) assistance the employer is requested to provide in relation to the access).

(3)

A request under subsection (1) must—

(a)

be in the prescribed form;

(b)

include the prescribed information;

(c)

be given in the prescribed manner.

(4)

An employer that has been given a request under subsection (1) may give the union a notice agreeing with the request or disagreeing with the request (in whole or in part).

(5)

A notice under subsection (4) must—

(a)

be in the prescribed form;

(b)

include the prescribed information;

(c)

be given in the prescribed manner.

(6)

In this Chapter—

“access request” means a request under subsection (1) given in accordance with subsection (3);

“response notice” means a notice under subsection (4) given in accordance with subsection (5).

70ZCResponse period and negotiation period

In sections 70ZD and 70ZE—

(a)

“the response period” means a prescribed period beginning with the day on which an access request is given;

(b)

“the negotiation period” means a prescribed period beginning with the day on which a response notice is given.

70ZDEntering into access agreement by negotiation

(1)

An access agreement is entered into under this section if—

(a)

a qualifying trade union gives an access request to an employer,

(b)

the employer gives the union a response notice before the end of the response period,

(c)

before the end of the negotiation period, the union and the employer agree in writing terms on which officials of the union are to have access, and

(d)

the union and the employer jointly notify the Central Arbitration Committee of those terms in the prescribed form and manner.

(2)

See section 70ZE for the case where an access agreement is treated as being entered into by virtue of a determination of the Central Arbitration Committee.

70ZEDeterminations by the Central Arbitration Committee

(1)

This section applies if a qualifying trade union has given an access request to an employer and either—

(a)

the employer has not given a response notice to the union before the end of the response period, or

(b)

the employer has given a response notice before the end of the response period and the negotiation period has ended without the union and the employer agreeing in writing terms on which officials of the union are to have access.

(2)

The Central Arbitration Committee may, on an application under this section, make a determination that officials of the union are or are not to have access.

(3)

If the Central Arbitration Committee makes a determination that officials of the union are to have access—

(a)

the determination must specify the terms on which officials of the union are to have access (including as to what (if any) assistance the employer must provide in relation to the access), and

(b)

an access agreement containing those terms (and no others) is treated as having been entered into between the union and the employer.

(4)

An application for a determination under this section may be made—

(a)

by the union, in the case referred to in subsection (1)(a);

(b)

by the union or the employer, in the case referred to in subsection (1)(b).

(5)

An application for a determination under this section—

(a)

must be in writing and in such form as the Central Arbitration Committee may require;

(b)

may not be made after the end of a prescribed period beginning with the day on which the access request is given.

(6)

In considering an application for a determination under this section, the Central Arbitration Committee—

(a)

may make such enquiries as it sees fit;

(b)

may make reasonable requests to provide information or documents relevant to the application;

(c)

so far as reasonably practicable, must give any person who it considers has a proper interest in the application an opportunity to be heard.

(7)

A determination under this section must—

(a)

be in writing, and

(b)

state the reasons for the determination.

(8)

Section 70ZF makes further provision about determinations under this section.

70ZFDeterminations by the Central Arbitration Committee: further provision

(1)

Subject to regulations under this section, a determination by the Central Arbitration Committee under section 70ZE must be consistent with the access principles.

(2)

The access principles are—

(a)

officials of a qualifying trade union should be able to physically enter a workplace or communicate with workers (or both) for any of the access purposes in any manner that does not unreasonably interfere with the employer’s business;

(b)

an employer should take reasonable steps to facilitate access by officials of a qualifying trade union;

(c)

physical entry into a workplace should not be refused solely on the basis that communication with workers by means not involving physical entry into a workplace is permitted;

(d)

communication with workers by means not involving physical entry into a workplace should not be refused solely on the basis that physical entry into a workplace is permitted;

(e)

access should be refused entirely only where it is reasonable in all the circumstances to do so.

(3)

The Secretary of State may prescribe terms of an access agreement that the Central Arbitration Committee must consider to be terms that—

(a)

would not unreasonably interfere with an employer’s business;

(b)

would constitute reasonable steps that an employer should take to facilitate access;

(c)

it would be reasonable for a union to comply with.

(4)

The Secretary of State may prescribe—

(a)

circumstances in which it is to be regarded as reasonable for the Central Arbitration Committee to make a determination that officials of a union that has given an access request to an employer are not to have access;

(b)

circumstances in which the Central Arbitration Committee must make such a determination.

(5)

The circumstances referred to in subsection (4) may be prescribed by reference to (among other matters)—

(a)

the description of business carried on by the employer;

(b)

the number of workers employed by the employer;

(c)

the number of workers employed by the employer, or of a particular description, that are members of the union;

(d)

a description of workplace;

(e)

a description of workers;

(f)

the ability of the employer to facilitate access;

(g)

avoiding prejudice to the prevention or detection of offences;

(h)

national security.

(6)

The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering an application for a determination under section 70ZE.

Variation and revocation of access agreements

70ZGVariation and revocation of access agreements

(1)

The parties to an access agreement may at any time vary or revoke the agreement.

(2)

A variation or revocation of an access agreement must be in writing.

(3)

An access agreement that is varied under this section continues to have effect as an access agreement for the purposes of this Chapter.

(4)

The effect of an access agreement being revoked is that it ceases to be an access agreement for the purposes of this Chapter.

(5)

A variation or revocation of an access agreement takes effect—

(a)

only if the parties jointly notify the Central Arbitration Committee of the variation or revocation in the prescribed form and manner;

(b)

only in respect of times after the day on which the Central Arbitration Committee is so notified.

Enforcement of access agreements

70ZHEnforcement of access agreements: initial complaint

(1)

A party to an access agreement may make a complaint to the Central Arbitration Committee on the ground that—

(a)

the other party has breached the agreement;

(b)

a person that is not a party to the agreement has taken or is taking steps to prevent access, or has prevented access, from taking place in accordance with the agreement.

(2)

A complaint under subsection (1) must be made before the end of the period of three months beginning with the day on which the matter complained of is alleged to have occurred.

(3)

On a complaint under subsection (1), the Central Arbitration Committee may—

(a)

vary the agreement;

(b)

make a declaration that the complaint is or is not well-founded;

(c)

if it makes a declaration that the complaint is well-founded, make an order requiring a person to take any steps specified in the order for the purposes of ensuring that access takes place in accordance with the agreement.

(4)

An access agreement that is varied under subsection (3)(a) continues to have effect as an access agreement for the purposes of this Chapter.

(5)

An order under subsection (3)(c) may, where it appears to the Central Arbitration Committee necessary or appropriate to do so, make provision different from that made in the agreement.

(6)

A declaration or order made by the Central Arbitration Committee under this section must—

(a)

be in writing, and

(b)

state the reasons for the declaration or order.

(7)

For the purposes of this section, a reference to a person taking steps includes a reference to a person not doing something.

70ZIEnforcement of access agreements: subsequent complaint

(1)

This section applies where the Central Arbitration Committee has made a declaration under section 70ZH(3) that a complaint about a person is well-founded.

(2)

A party to an access agreement may make a complaint to the Central Arbitration Committee on any of the following grounds—

(a)

that the person has, before the end of the relevant period, carried out the conduct complained of under section 70ZH again;

(b)

where the complaint under section 70ZH was that the person breached the agreement, that the person has, before the end of the relevant period, breached the agreement again (whether or not in the way complained of under section 70ZH);

(c)

that the person has breached an order under section 70ZH(3)(c).

(3)

In subsection (2), “the relevant period” means the period of 12 months beginning with the date of the declaration.

(4)

A complaint under subsection (2) must be made before the end of the period of three months beginning with the day on which the alleged conduct occurs.

(5)

On a complaint about a person under subsection (2), the Central Arbitration Committee may—

(a)

make a declaration that the complaint is or is not well-founded;

(b)

if it makes a declaration that the complaint is well-founded, make an order requiring the person to pay an amount to the Central Arbitration Committee.

(6)

An amount payable under subsection (5)(b) may be any amount that the Central Arbitration Committee considers appropriate, subject to regulations under section 70ZJ.

(7)

A declaration or order made by the Central Arbitration Committee under this section must—

(a)

be in writing, and

(b)

state the reasons for the declaration or order.

(8)

A declaration or order made by the Central Arbitration Committee under subsection (5) may be relied on (and enforced by the Central Arbitration Committee or a party to the access agreement) as if it were a declaration or order made by the court.

(9)

The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (5)(b).

(10)

For the purposes of this section, a reference to conduct includes a reference to a person not doing something.

70ZJPower to make provision about amounts payable under section 70ZI

(1)

The Secretary of State may prescribe that an amount payable under section 70ZI(5)(b)—

(a)

must be at least a prescribed amount;

(b)

may not exceed a prescribed amount.

(2)

An amount may be prescribed under subsection (1)(a) or (b)—

(a)

as a fixed amount;

(b)

by reference to one or more prescribed factors;

(c)

as the highest or lowest of two or more prescribed amounts, whether prescribed as fixed amounts or by reference to one or more prescribed factors.

(3)

The factors that may be prescribed under subsection (2)(b) or (c) include (among others)—

(a)

the nature of the complaint under section 70ZI(2) against the person required to pay the amount (the “liable party”);

(b)

whether the liable party has previously been subject to a complaint under section 70ZH(1) or 70ZI(2), or a prescribed number of such complaints, declared by the Central Arbitration Committee to be well-founded;

(c)

whether the liable party is of a prescribed description;

(d)

in the case of a liable party that is an undertaking, the turnover of the liable party in a prescribed period, including (in particular) worldwide, European or United Kingdom turnover;

(e)

in the case of a liable party that is an employer—

(i)

the number of workers employed by the liable party, or

(ii)

the number of workers of a prescribed description employed by the liable party;

(f)

in the case of a liable party that is a trade union, the number of members that the liable party has.

(4)

The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering what amount is payable under section 70ZI(5)(b).

70ZKEnforcement of access agreements: supplementary provision

(1)

An access agreement—

(a)

is enforceable only by means of a complaint under section 70ZH or 70ZI, and not by any other means;

(b)

in particular, is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract.

(2)

Accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.

(3)

A complaint under section 70ZH or 70ZI must be in writing and in such form as the Central Arbitration Committee may require.

(4)

In its consideration of a complaint under section 70ZH or 70ZI, the Central Arbitration Committee—

(a)

may make such enquiries as it sees fit;

(b)

may make reasonable requests to provide information or documents relevant to the complaint;

(c)

so far as reasonably practicable, must give any person who it considers has a proper interest in the complaint an opportunity to be heard.

(5)

The Central Arbitration Committee may draw an adverse inference from a person’s failure to comply with any reasonable request to provide information or documents relevant to a complaint under section 70ZH or 70ZI.

General limitations on access agreements etc

70ZLGeneral limitations on access agreements etc

(1)

Nothing in this Chapter requires or authorises any of the following (each, a “prohibited activity”)—

(a)

physical entry by any person into a dwelling;

(b)

a disclosure of personal data without the consent of the data subject;

(c)

a disclosure of information that would contravene the data protection legislation (but, in determining whether a disclosure would do so, the provisions of this Chapter are to be taken into account).

(2)

Accordingly—

(a)

a term of an access agreement entered into under section 70ZD that requires or authorises a prohibited activity is of no effect for the purposes of this Chapter;

(b)

the Central Arbitration Committee may not specify as a term of an access agreement under section 70ZE any term that would require or authorise a prohibited activity;

(c)

the Central Arbitration Committee may not exercise any function under sections 70ZH to 70ZK so as to require or authorise a prohibited activity.

(3)

In this section—

(a)

“consent” has the same meaning as in the UK GDPR (see Article 4(11) of the UK GDPR);

(b)

“personal data”, “data subject”, “the data protection legislation” and “the UK GDPR” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Appeals to the Employment Appeal Tribunal

70ZMAppeals to the Employment Appeal Tribunal

(1)

An appeal lies to the Employment Appeal Tribunal on any question of law arising from any determination, declaration or order of, or arising in any proceedings before, the Central Arbitration Committee under this Chapter.

(2)

Where the Central Arbitration Committee makes an order under section 70ZI(5)(b) for a person to pay an amount to the Central Arbitration Committee, the person may appeal against the order.

(3)

On an appeal under subsection (2), the Employment Appeal Tribunal may—

(a)

quash the order;

(b)

make an order requiring the person to pay a reduced amount to the Central Arbitration Committee;

(c)

dismiss the appeal.

(4)

The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (3)(b).

Regulations

70ZNRegulations under this Chapter

Regulations prescribing anything for the purposes of this Chapter (see section 293(1)) may make different provision for different purposes.”

“263ZAProceedings of the Committee under section 70ZE

(1)

For the purpose of discharging its functions under section 70ZE in any particular case, the Central Arbitration Committee is to consist of—

(a)

one member of the Committee, or

(b)

a panel of three members of the Committee,

as the chairman of the Committee may direct.

(2)

In deciding what direction to make under subsection (1), the chairman of the Committee must have regard to the complexity of the case, with a view to directing that the Committee is to consist of one member only in cases which the chairman considers are less complex.

(3)

For those purposes, the chairman must in particular—

(a)

consider whether any terms proposed as terms on which officials of a qualifying trade union are to have access are prescribed under section 70ZF(3), and

(b)

consider whether, if any of those terms are so prescribed, that fact reduces the complexity of the case, having regard to any other terms so proposed.

(4)

In subsection (3), “qualifying trade union” and “access” have the same meaning as in Chapter 5ZA of Part 1 (see section 70ZA).

(5)

The chairman of the Committee may amend a direction under subsection (1) at any time.

(6)

If a direction under subsection (1) is amended—

(a)

the amendment does not affect anything done by the Committee before the amendment;

(b)

anything done by the Committee before the amendment is to be treated as having been done by the Committee as it is constituted after the amendment.

(7)

If the Committee consists of one member of the Committee—

(a)

the member is to be appointed by the chairman of the Committee;

(b)

the member is not required to be the chairman or a deputy chairman of the Committee;

(c)

the member may at the member’s discretion sit in private where it appears expedient to do so.

(8)

If the Committee consists of a panel of three members of the Committee—

(a)

the panel is to be appointed by the chairman of the Committee;

(b)

the panel is to consist of the following members—

(i)

the chairman or a deputy chairman of the Committee;

(ii)

a member of the Committee whose experience is as a representative of employers;

(iii)

a member of the Committee whose experience is as a representative of workers;

(c)

the panel is to be chaired by the chairman or the deputy chairman of the Committee;

(d)

the panel may at the discretion of its chairman sit in private where it appears expedient to do so.

(9)

If—

(a)

a panel cannot reach a unanimous decision on a question arising before it, and

(b)

a majority of the panel have the same opinion,

the question is to be decided according to that opinion.

(10)

If—

(a)

a panel cannot reach a unanimous decision on a question arising before it, and

(b)

a majority of the panel do not have the same opinion,

the chairman of the panel may decide the question acting with the full powers of an umpire.

(11)

Subject to the provisions of this section, the Committee may determine its own procedure.”

“84Contributors to political fund

(1)

For the purposes of this Act, a member of a trade union is a “contributor” to the political fund of the union unless an opt-out notice given by the member to the union has effect (see subsection (3)).

(2)

An “opt-out notice” is a notice that the member opts out of being a contributor.

(3)

An opt-out notice has effect on and after the relevant day unless the member withdraws the notice.

(4)

In subsection (3), “the relevant day” means—

(a)

in a case where—

(i)

a political resolution is passed on a ballot held at a time when no such resolution is in force, and

(ii)

the opt-out notice is given before the end of the period of four weeks beginning with the day on which an opt-out information notice is given to the member under section 84A,

the day on which the opt-out notice is given;

(b)

in any other case, the earlier of—

(i)

a day specified in, or determined in accordance with, the rules of the union, and

(ii)

1 January in the year following the year in which the opt-out notice is given.

(5)

A member of a trade union withdraws an opt-out notice by giving the union notice of the withdrawal (a “withdrawal notice”).

(6)

A member of a trade union may give an opt-out notice or a withdrawal notice—

(a)

by delivering it (either personally or by an authorised agent or by post) at the head office or a branch office of the union;

(b)

by sending it by email to an address that the union has told its members can be used for sending such notices;

(c)

by completing an electronic form provided by the union which sets out the notice, and sending it to the union by electronic means in accordance with instructions given by the union;

(d)

by such other electronic means as may be prescribed.

(7)

The Secretary of State must, before the end of the period of three months beginning with the day on which this section comes into force, publish guidance about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for the purposes of subsection (4)(b)(i).

(8)

The Secretary of State—

(a)

may from time to time revise guidance published under subsection (7);

(b)

must publish any revisions of that guidance.

84AOpt-out information notices

(1)

A trade union must give an opt-out information notice to each member of the union—

(a)

within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under section 73, and

(b)

within the period of eight weeks beginning with the end of—

(i)

the period of ten years beginning with the day on which a political resolution is passed, and

(ii)

each successive period of ten years,

unless during that period of ten years the political resolution is rescinded or otherwise ceases to have effect.

(2)

An “opt-out information notice” is a notice stating that—

(a)

each member of the union has the right not to be a contributor to the political fund of the union, and

(b)

a member may exercise that right by giving an opt-out notice under section 84.

(3)

An opt-out information notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer.

(4)

In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union.

(5)

As soon as is reasonably practicable after the end of any period of eight weeks within which an opt-out information notice must be given, a trade union must send to the Certification Officer a copy of—

(a)

the opt-out information notice, or

(b)

if there is more than one form of opt-out information notice, each form of notice.

(6)

A member of a trade union who claims that the union has failed to comply with this section may complain to the Certification Officer.

(7)

Where the Certification Officer is satisfied on a complaint under subsection (6) that a trade union has failed to comply with this section, the Officer may make such order for remedying the failure as the Officer thinks just under the circumstances.

(8)

Before deciding the matter the Certification Officer—

(a)

may make such enquiries as the Officer thinks fit;

(b)

must give the union and the member making the complaint an opportunity to make written representations;

(c)

may give the union and the member making the complaint an opportunity to make oral representations.

(9)

An order made by the Certification Officer under this section may be enforced by the Certification Officer in the same way as an order of the court.”

(a)

the member is not a contributor to the fund, or

(b)

the member has given the union an opt-out notice but it does not yet have effect,”.

“168BTime off for union equality representatives

(1)

An employer must permit an employee who is—

(a)

a member of an independent trade union recognised by the employer, and

(b)

an equality representative of the trade union,

to take time off during the employee’s working hours for any of the following purposes.

(2)

The purposes are—

(a)

carrying out activities for the purpose of promoting the value of equality in the workplace;

(b)

arranging learning or training on matters relating to equality in the workplace;

(c)

providing information, advice or support to qualifying members of the trade union in relation to matters relating to equality in the workplace;

(d)

consulting with the employer on matters relating to equality in the workplace;

(e)

obtaining and analysing information relating to equality in the workplace;

(f)

preparing for any of the things mentioned in paragraphs (a) to (e).

(3)

Subsection (1) applies only if—

(a)

the trade union has given the employer notice in writing that the employee is an equality representative of the union, and

(b)

the training condition is met in relation to the employee.

(4)

The training condition is met if—

(a)

the employee has undergone sufficient training to enable the employee to carry on activities mentioned in subsection (2), and the trade union has given the employer notice in writing of that fact,

(b)

the trade union has in the last six months given the employer notice in writing that the employee will be undergoing such training, or

(c)

within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so, and the trade union has given the employer notice of that fact.

(5)

Only one notice under subsection (4)(b) may be given in respect of any one employee.

(6)

References in subsection (4) to sufficient training to carry out activities mentioned in subsection (2) are to training that is sufficient for those purposes having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.

(7)

If an employer is required to permit an employee to take time off under subsection (1), the employer must also permit the employee to take time off during the employee’s working hours for the following purposes—

(a)

undergoing training which is relevant to the employee’s functions as an equality representative, and

(b)

where the trade union has in the last six months given the employer notice under subsection (4)(b) in relation to the employee, undergoing such training as is mentioned in subsection (4)(a).

(8)

The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken are those that are reasonable in all the circumstances, having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.

(9)

An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities in relation to the purposes for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.

(10)

An employee may present a complaint to an employment tribunal that the employer has failed—

(a)

to permit the employee to take time off, or

(b)

to provide the employee with facilities,

as required by this section.

(11)

On a complaint under subsection (10)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.

(12)

For the purposes of this section—

(a)

a person is an equality representative of a trade union if the person is appointed or elected as such in accordance with its rules;

(b)

“equality”, in relation to a workplace, means—

(i)

the elimination of discrimination, harassment and victimisation, each of which is to be read in accordance with the Equality Act 2010, and of any other conduct that is prohibited by or under that Act;

(ii)

the advancement of equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(iii)

the fostering of good relations between persons who share a relevant protected characteristic and persons who do not share it;

(c)

“relevant protected characteristic” means age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation, each of which is to be read in accordance with the Equality Act 2010;

(d)

a reference to qualifying members of the trade union is a reference to members of the trade union—

(i)

who are employees of the employer of a description in respect of which the union is recognised by the employer, and

(ii)

in relation to whom it is the function of the equality representative to act as such.”

“(2A)

The Secretary of State may make regulations prohibiting—

(a)

the use of lists which contain details of members of trade unions, or persons who have taken part in the activities of trade unions, for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers;

(b)

the sale or supply of such lists with a view to being used for those purposes.”

“Protection against detriment

236ADetriment on grounds of industrial action

(1)

A worker has the right not to be subjected as an individual to detriment of a prescribed description by any act, or any deliberate failure to act, by the worker’s employer, if the act or failure takes place for the sole or main purpose of preventing or deterring the worker from taking protected industrial action, or penalising the worker for doing so.

(2)

For that purpose, a worker takes protected industrial action if the worker commits an act which, or a series of acts each of which, the worker is induced to commit by an act which by virtue of section 219 is not actionable in tort.

(3)

But no account may be taken of the repudiation of any act by a trade union as mentioned in section 21 in relation to anything which occurs before the end of the next working day after the day on which the repudiation takes place.

(4)

Regulations under subsection (1) may prescribe detriment of any description (instead of detriment of a specific description).

(5)

Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal (but see sections 237 to 239).

(6)

A worker or former worker may present a complaint to an employment tribunal on the ground that the worker or former worker has been subjected to a detriment by an employer in contravention of this section.

(7)

A worker or former worker has no other remedy for infringement of the right conferred by this section.

(8)

In this section and sections 236B to 236D—

“employer” means—

(a)

in relation to a worker, the person for whom the worker works;

(b)

in relation to a former worker, the person for whom the former worker worked;

“worker” means an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1);

“working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.

236BTime limit for proceedings

(1)

An employment tribunal may not consider a complaint under section 236A unless it is presented—

(a)

before the end of the period of six months beginning with the date of the act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both), the last of them, or

(b)

where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable.

(2)

For the purposes of subsection (1)—

(a)

where an act extends over a period, the reference to the date of the act is a reference to the last day of that period;

(b)

a failure to act is to be treated as done when it was decided on.

(3)

For the purposes of subsection (2), in the absence of evidence establishing the contrary, an employer is to be taken to decide on a failure to act—

(a)

when the employer does an act inconsistent with doing the failed act, or

(b)

if the employer has done no such inconsistent act, when the period expires within which the employer might reasonably have been expected to do the failed act if it was to be done.

(4)

Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

236CConsideration of complaint

On a complaint under section 236A it is for the employer to show what was the sole or main purpose for which the employer acted or failed to act.

236DRemedies

(1)

Where the employment tribunal finds that a complaint under section 236A is well-founded, the tribunal—

(a)

must make a declaration to that effect, and

(b)

may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure complained of.

(2)

The amount of the compensation awarded is to be an amount which the tribunal considers just and equitable in all the circumstances having regard to the infringement complained of and to any loss sustained by the complainant which is attributable to the act or failure.

(3)

The loss is to be taken to include—

(a)

any expenses reasonably incurred by the complainant in consequence of the act or failure, and

(b)

loss of any benefit which the complainant might reasonably be expected to have had but for the act or failure.

(4)

In ascertaining the loss, the tribunal must apply the same rule concerning the duty of a person to mitigate loss as applies to damages recoverable under the common law of England and Wales or Scotland.

(5)

Where the tribunal finds that the act or failure complained of was to any extent caused or contributed to by action of the complainant, it must reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.”