Legislation – Employment Rights Act 2025

provision about the circumstances in which the Negotiating Body may, or must, consider a matter within its remit, including (among other things) provision requiring it to consider any matter referred to it by the appropriate authority;

(b)

provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when considering a matter;

(c)

provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;

(d)

provision requiring members of the Negotiating Body to provide the Negotiating Body with information, or information of a specified description, for the purposes of enabling it to consider, or reach an agreement about, a matter;

(e)

provision requiring the Negotiating Body, if it reaches an agreement about a matter, to submit the agreement to the appropriate authority;

(f)

provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.

(3)

In this section “specified” means specified in the regulations.

44Reconsideration by Negotiating Body

(1)

The appropriate authority may by regulations provide that, in a case where a Negotiating Body submits an agreement to the appropriate authority, the authority may refer the agreement back to the Negotiating Body for reconsideration, or may do so in specified circumstances.

(2)

The appropriate authority may by regulations make provision about what happens where an agreement is referred back to a Negotiating Body as mentioned in subsection (1).

(3)

The provision that may be made by regulations under subsection (2) includes, among other things—

(a)

provision requiring the Negotiating Body to reconsider the agreement;

(b)

provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when reconsidering the agreement;

(c)

provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any revised agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;

(d)

(e)

provision specifying steps which the Negotiating Body may or must take after reconsidering the agreement, including, in particular, submitting the original agreement, or a revised agreement, to the appropriate authority;

(f)

provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.

(4)

In this section “specified” means specified in the regulations.

45Failure to reach an agreement

(1)

The appropriate authority may by regulations make provision about cases where a Negotiating Body is unable to reach an agreement about a matter.

(2)

The provision that may be made by regulations under this section includes, among other things—

(a)

provision for resolving disagreements about any matter;

(b)

provision conferring functions on the appropriate authority or a person specified in the regulations;

(c)

provision requiring the Negotiating Body to act in accordance with a decision of the appropriate authority or a person specified in the regulations.