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EMPLOYMENT RELATIONS ACT 2004. APPLICATION FOR DECISION ON WHETHER PROPOSED BARGAINING UNIT IS APPROPRIATE
- The Secretary of State may by order provide that, during any period beginning and ending with the occurrence of specified events, employers and unions to which the order applies are prohibited from using such practices as are specified as unfair practices in relation to an application under this Schedule of a specified description. (2) An order under this paragraph may make provision about the consequences of a contravention of any prohibition imposed by the order (including provision modifying the effect of any provision of this Schedule in the event of such a contravention). (3) An order under this paragraph may confer functions on the CAC. (4) An order under this paragraph may contain provision extending for the purposes of the order either or both of the following powers to issue Codes of Practice - (a) the power of ACAS under section 199(1); (b) the power of the Secretary of State under section 203(1)(a). (5) An order under this paragraph may- (a) include supplementary or incidental provisions (including provision amending this Schedule), and (b) make different provision for different cases or circumstances. (6) An order under this paragraph shall be made by statutory instrument.
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EMPLOYMENT RELATIONS ACT 2004. INDUCEMENTS RELATING TO UNION MEMBERSHIP OR ACTIVITIES
- A worker has the right not to have an offer made to him by his employer for the sole or main purpose of inducing the worker- (a) not to be or seek to become a member of an independent trade union, (b) not to take part, at an appropriate time, in the activities of an independent trade union, (c) not to make use, at an appropriate time, of trade union services, or (d) to be or become a member of any trade union or of a particular trade union or of one of a number of particular trade unions. (2) In subsection (1) "an appropriate time" means- (a) a time outside the worker's working hours, or (b) a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in the activities of a trade union or (as the case may be) make use of trade union services. (3) In subsection (2) "working hours", in relation to a worker, means any time when, in accordance with his contract of employment (or other contract personally to do work or perform services), he is required to be at work. (4) In subsections (1) and (2)- (a) "trade union services" means services made available to the worker by an independent trade union by virtue of his membership of the union, and (b) references to a worker's "making use" of trade union services include his consenting to the raising of a matter on his behalf by an independent trade union of which he is a member.
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