Employment Relations Act 1999

Trade unions

Sections 1 to 6 concern changes implementing a new statutory procedure for employers to recognise and collectively bargain with a trade union, in any business with over 20 employees. Section 1 and Schedule 1 achieves this by amending the Trade Union and Labour Relations (Consolidation) Act 1992 and inserting a new section 70A and Schedule A1, which sets out the statutory recognition procedure.

Section 2 and Schedule 2 amended TULRCA 1992 to require that union members are not subject to any detriment short of dismissal for attempts to organise.

Section 3 allows the Secretary of State to make regulations prohibiting any blacklisting of union members.

Sections 4 and Schedule 3 amends the provisions in TULRCA 1992 relating to ballots before industrial action. Section 5 implements TULRCA 1992 sections 70B and 70C, which enhances the rights employees have to workplace training. Section 6 ensures that union members have a right to claim for unfair dismissal connected with the statutory recognition procedure.

Leave for family and domestic reasons

Sections 7 to 9 allowed employees to receive at least 3 months unpaid leave for the purpose of caring for a child. Mothers can have up to 18 weeks paid maternity leave.

Other rights of individuals

Section 16 to 23 cover other individual employment rights. Most notably, section 23 the Secretary of State has the power to explicitly include categories of workers within the scope of employment protection legislation. Conspicuously, the minister has not done this for agency workers.

CAC, ACAS, Commissioners and Certification Officer

Sections 24 to 29 cover changes in rules concerning the Central Arbitration Committee, ACAS the commissioners and certification officers.

Miscellaneous

Sections 30 to 41 concern a variety of unrelated amendments to various previous laws.

Section 31 implements Schedule 7, which changed the rules on fees under the Employment Agencies Act 1973.

General

Sections 42 to 47 concern general provisions.