UK Act of Parliament
2004
United Kingdom
Employment Relations Act 2004
At a glance
What's here
10 compliance obligations, 1 practical guide
Penalty landscape
1 of 10 obligations carry a criminal penalty. 9 have no criminal penalty — flagged in the list below.
Who this Act binds
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Mentioned in related content
1 guidesWhat this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 45 other Schedules — structural / supplementary
In section 15A of the Agricultural Wages Act 1948 (c....
In section 150 of the 1992 Act (awards against third...
(1) Section 155 of the 1992 Act (matters to be...
In section 161(3) of the 1992 Act (application for interim...
In section 229(4) of the 1992 Act (statement which must...
In section 233 of the 1992 Act (calling of industrial...
In section 263A of the 1992 Act (proceedings of the...
(1) Section 284 of the 1992 Act (share fishermen) is...
(1) Section 285 of the 1992 Act (employment outside Great...
In section 286(1) of the 1992 Act (provisions that may...
In section 288(1)(b) of the 1992 Act (provisions restricting rights...
In Article 11A of the Agricultural Wages (Regulation) (Northern Ireland)...
(1) Section 292 of the 1992 Act (death of employee...
In section 296 of the 1992 Act (meaning of “worker”...
In section 299 of the 1992 Act (index of defined...
(1) Schedule A1 to the 1992 Act (union recognition) is...
In section 10(1) of the Employment Tribunals Act 1996 (c....
In section 18 of that Act (conciliation), in subsection (1)(b),...
In section 30(2) of that Act (matters which may be...
In section 36 of that Act (enforcement of decisions of...
In section 92 of the Employment Rights Act 1996 (c....
In section 95(1) of that Act (circumstances in which employee...
In section 19 of the 1992 Act (application of certain...
In section 98(6)(b) of that Act (provisions to which provision...
In section 104(4)(c) of that Act (assertion of statutory right),...
In section 108(3) of that Act (exceptions to one year...
In section 109(2) of that Act (exceptions to upper age...
(1) Section 191 of that Act (application to the Crown)...
In subsection (2) of section 192 of that Act (provisions...
(1) Section 194 of that Act (provisions of the Act...
(1) Section 195 of that Act (provisions of the Act...
In section 200 of that Act (application of certain provisions...
(1) Section 202 of that Act (restrictions on disclosure of...
In section 41(3) of the 1992 Act (date of next...
In section 15 of the National Minimum Wage Act 1998...
In section 16 of that Act (disclosure of information obtained...
(1) Section 34 of the Employment Relations Act 1999 (c....
In each of Schedules 3, 4 and 5 to the...
In section 54(3) of the 1992 Act (time limit for...
In section 82 of the 1992 Act (rules as to...
In section 103 of the 1992 Act (complaints as regards...
In section 146 of the 1992 Act (action short of...
In section 148 of the 1992 Act (consideration of complaint),...
Repeals
Duty of employer to supply information to union
- Supply information to trade union after union recognition application accepted
Circumstances in which the CAC must arrange a ballot
Other duties (1) — Crown / regulator
- CAC must arrange a ballot if enough union members object to collective bargaining Statutory regulator
Additional duties on employers informed of ballots
- Do not bribe or penalise workers over union meetings during recognition ballots
Unfair practices in relation to recognition ballots
- Use unfair practices during a union recognition ballot
Employer’s notice to end bargaining arrangements
- Know when your notice to end union bargaining is invalid
Appeals against demands for costs
- Appeal a costs demand to an employment tribunal within 4 weeks
Information about employees to be balloted on industrial action
- Trade union must provide employer with information on employees to be balloted
Role of companion at disciplinary or grievance hearing
- Let workers bring a companion to disciplinary and grievance hearings
Protection of employees in respect of jury service
- Do not penalise or dismiss employees for jury service
Information supplied by worker and employer
Other duties (1) — Crown / regulator
- Enforcement officers can share your wage information with you Statutory regulator
Browse 49 other sections — procedural / definitional / commencement
Application for decision on whether proposed bargaining unit is appropriate
Power of the CAC to end period for agreement on bargaining unit
Determination of appropriate bargaining unit
Union communications with workers after acceptance of application
Power of the CAC to extend notification period
Postal votes for workers absent from ballot at workplace
Application where agreement does not cover pay, hours and holidays
Unfair practices in relation to derecognition ballots
Power to amend Schedule A1 to the 1992 Act
Means of communicating with workers
Unfair practices: power to make provision about periods before notice of ballot
Power to make provision about effect of amalgamations
Information about union membership and employment in bargaining unit
“Pay” and other matters subject to collective bargaining
Information required by ACAS for ballots and ascertaining union membership
Entitlement to vote in ballot on industrial action
Inducement of members not accorded entitlement to vote
Information about employees to be contained in notice of industrial action
Dismissal where employees taking protected industrial action locked out
Date of dismissal
Dismissal after end of protected period
Inducements relating to union membership or activities
Extension of protection against detriment for union membership etc.
Detriment for use of union services or refusal of inducement
Dismissal for use of union services or refusal of inducement
Exclusion or expulsion from trade union attributable to conduct
Applications no longer to be made to Employment Appeal Tribunal
Disapplication of qualifying period and upper age limit for unfair dismissal
National security: powers of employment tribunals
Extension of jurisdiction of Employment Appeal Tribunal
Ways in which provision conferring rights on individuals may be made
Flexible working
Information and consultation: Great Britain
Information and consultation: Northern Ireland
Enforcement notices
Withdrawal and replacement of, and appeals against, notices
Enforcement officers for agricultural wages legislation
Striking out by Certification Officer of applications or complaints
Restriction of proceedings orders: proceedings before Certification Officer
Amalgamations: approval, listing and certification
Restriction of grounds of appeal from Certification Officer
Additional case in which election for president of union not required
Removal of rule preventing appointment of body corporate as auditor
Means of voting in ballots and elections
Provision of money for trade union modernisation
Meaning of “the 1992 Act”
Minor and consequential amendments and repeals
Corresponding provision for Northern Ireland
Citation, commencement and extent
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