- a recognition dispute
means a trade dispute between employers and workers which is connected wholly or partly with the recognition by employers or employers' associations of the right of a trade union to represent workers in negotiations, consultations or other procedures relating to any of the matters mentioned in paragraphs (a) to (f) of section 218(1);
- a voting member of the executive
means a person entitled in his own right to attend meetings of the executive and to vote on matters on which votes are taken by the executive (whether or not he is entitled to attend all such meetings or to vote on all such matters or in all circumstances).
- Access
means—
- Access agreement
means— and such an agreement is “entered into” when the terms are so agreed or decided.
- access request
means a request under subsection (1) given in accordance with subsection (3);
- accountant
means a person who is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.
- accounting period
means any period in relation to which it is required to send a return to the Certification Officer.
- address
includes any address or number to which information may be sent by any means.
- advertisement
includes every form of advertisement or notice, whether to the public or not, and references to publishing an advertisement shall be construed accordingly;
- affected transferring individual
means a transferring individual who may be affected by the proposed dismissals or who may be affected by measures taken in connection with the proposed dismissals;
- agency worker
has the meaning given in regulation 3 of the Agency Workers Regulations 2010;
- agent
means a banker or solicitor of, or any person employed as an auditor by, the union or any branch or section of the union;
- an appropriate time
means—
- applicant worker
means a worker who— (a) falls within a bargaining unit (“his bargaining unit”) and (b) has made an application under paragraph 112 or 137 to have bargaining arrangements ended;
- appointed person
means—
- appropriately qualified actuary
means a person who is either— or is approved by the Certification Officer on the application of the trade union as a person having actuarial knowledge.
- assignment
has the same meaning as in those Regulations).
- assistive technology
means hardware or software which enables persons with disabilities to interact with, or assists such persons with interacting with, content on the internet.
- audit logs
has the meaning given in paragraph 9(1) of Schedule A1A;
- authorised official
means an official of the trade union authorised by it to act for the purposes of this section.
- award of compensation for unfair dismissal
means an award of compensation for unfair dismissal under section 112(4) or 117(3)(a) of that Act;
- ballot
includes an election;
- breach of duty
means breach of a duty imposed by any rule of law or by or under any enactment;
- candidate
means a candidate for election to a political office and includes a prospective candidate;
- certificate of independence
means a certificate issued under— (a) section 6(6), or (b) section 101A(4);
- collective agreement
means any agreement or arrangement made by or on behalf of one or more trade unions and one or more employers or employers’ associations and relating to one or more of the matters specified below;
- collective bargaining
means negotiations relating to or connected with one or more of those matters.
- complaint of unfair dismissal
means a complaint under section 111 of the Employment Rights Act 1996;
- conduct
includes statements, acts and omissions;
- consent
has the same meaning as in the UK GDPR (see Article 4(11) of the UK GDPR);
- contract of employment
includes any contract under which one person personally does work or performs services for another, and related expressions shall be construed accordingly.
- Cyber Essentials Plus certificate
means a certificate awarded in accordance with Cyber Essentials Plus Test Specification v3.2, or a later version of that document, published by the Government Communications Headquarters;
- date of dismissal
means—
- date of the ballot
means, in the case of a ballot in which votes may be cast on more than one day, the last of those days;
- electors
means electors at an election to a political office;
- electronic voting
means submitting an electronic voting form where the voting access method used to access the electronic voting form was sent under paragraph 12(1) of Schedule A1A;
- electronic voting form
has the meaning given in paragraph 3(1) of Schedule A1A;
- electronic voting instructions
has the meaning given in paragraph 2(3) of Schedule A1A;
- electronic voting materials
means—
- electronic voting platform
means the website or software through which the electronic voting form is accessed;
- electronic voting system
means— (a) the electronic voting platform, (b) the databases referred to in paragraph 8(3), and (c) any other software which the scrutineer intends to use for the purpose of carrying out the ballot;
- employer
means— (a) in relation to a worker, the person for whom the worker works;
- employment
means employment under a contract of employment, and related expressions shall be construed accordingly;
- employment agency
means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers, but subject to subsection (2) below.
- executive
means the principal committee of the union exercising executive functions, by whatever name it is called;
- federated trade union
means a trade union which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “trade union” in section 1.
- film
includes any record, however made, of a sequence of visual images, which is capable of being used as a means of showing that sequence as a moving picture;
- financial affairs
means affairs of the union relating to any fund which is applicable for the purposes of the union (including any fund of a branch or section of the union which is so applicable);
- fixed term contract
means a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate—
- general secretary
means the official of the union who holds the office of general secretary or, where there is no such office, holds an office which is equivalent, or (except in section 14(4)) the nearest equivalent, to that of general secretary;
- group
includes two or more groups taken together.
- harbour
has the same meaning as in the Harbours Act 1964;
- hybrid voting
means— (a) in relation to a ballot under section 226(1)(a) (industrial action)— (a) returning a voting paper which was sent under paragraph 14(1) of Schedule A1A or provided under paragraph 16(5)(a) of that Schedule, or (b) submitting an electronic voting form where the voting access method used to access the electronic voting form was sent under paragraph 14(1) of Schedule A1A or provided under paragraph 16(5)(a) of that Schedule;
- hybrid voting materials
means—
- independent trade union
means a trade union which— and references to “independence”, in relation to a trade union, shall be construed accordingly.
- inducement
includes an inducement which is or would be ineffective, whether because of the member’s unwillingness to be influenced by it or for any other reason;
- industrial action
means a strike or other industrial action by persons employed under contracts of employment.
- instrument of appointment
means an instrument in writing appointing a new trustee of a trade union whose name is entered in the list of trade unions, and • “instrument of discharge” means an instrument in writing discharging a trustee of such a trade union;
- instrument of discharge
means an instrument in writing discharging a trustee of such a trade union;
- last voting day
means the later of the following days, so far as applicable— (a) the last day for the return of voting papers;
- local authority
means a local authority within the meaning of section 270 of the Local Government Act 1972 or section 235 of the Local Government (Scotland) Act 1973;
- malware
means software designed to disrupt, damage, or gain unauthorised access to computer networks and systems.
- member of the executive
includes any person who, under the rules or practice of the union, may attend and speak at some or all of the meetings of the executive, otherwise than for the purpose of providing the committee with factual information or with technical or professional advice with respect to matters taken into account by the executive in carrying out its functions.
- merchant seaman
means a person whose employment, or the greater part of it, is carried out on board sea-going ships.
- mobile telephone message
means a message comprised of text or media sent via a mobile messaging protocol to a telephone number allocated in accordance with a national or international numbering plan;
- multi-factor authentication
means a method of electronic authentication in which a person is granted access to a database or application only after successfully presenting two or more distinct types of evidence of identity;
- Northern Ireland union
means a trade union whose principal office is situated in Northern Ireland.
- not protected
means excluded from the protection afforded by this section or, where the expression is used with reference to a particular person, excluded from that protection as respects that person.
- notified category of employee
means—
- notified workplace
means—
- off-site location
means a location which is near the workplace of those who are eligible to vote by workplace voting;
- office
means any position—
- officer
includes— (a) any member of the governing body of the union, and (b) any trustee of any fund applicable for the purposes of the union;
- official
means— (a) an officer of the union or of a branch or section of the union, or (b) a person elected or appointed in accordance with the rules of the union to be a representative of its members or of some of them, and includes a person so elected or appointed who is an employee of the same employer as the members or one or more of the members whom he is to represent;
- offshore worker
means a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies.
- order for reinstatement or re-engagement
means an order for reinstatement or re-engagement under section 113 of that Act.
- overseas member
means a member of the union (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast.
- Personal data
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- personal information
means information relating to a person whose identity— (a) is specified in the information, or (b) can be deduced from it;
- personal injury
includes any disease and any impairment of a person’s physical or mental condition;
- political office
means the office of member of Parliament, member of the European Parliament or member of a local authority or any position within a political party.
- postal voting
means returning a voting paper sent or otherwise provided under— (a) in relation to an election under section 46(1)(a) (elections for certain positions), section 51ZC(1);
- pre-commencement declaration of recognition
means a declaration of recognition issued by the CAC before the coming into force of the order, • “pre-commencement method of collective bargaining” means a method of collective bargaining specified by the CAC before the coming into force of the order, • and references to a post-commencement declaration of recognition or method of collective bargaining shall be construed accordingly.
- pre-commencement method of collective bargaining
means a method of collective bargaining specified by the CAC before the coming into force of the order, • and references to a post-commencement declaration of recognition or method of collective bargaining shall be construed accordingly.
- pre-transfer consultation
has the meaning given in subsection (2);
- president
means the official of the union who holds the office of president or, where there is no such office, who holds an office which is equivalent, or (except in section 14(4) or Chapter IV) the nearest equivalent, to that of president;
- property
means any property, whether real or personal (or in Scotland, heritable or moveable).
- provident benefits
includes—
- qualifying ballot box
means a box, used for storing marked voting papers, which— (a) is possessed solely by the scrutineer throughout the ballot, and (b) is secured with a seal which remains unbroken until the ballot is complete;
- qualifying election
means an election satisfying the relevant requirements.
- qualifying internet messaging service
means an internet messaging service— (a) which requires a unique telephone number for registration, and (b) for which the means of sending a message using the service is to send the message to the unique telephone number associated with a particular account;
- relevant address
means, in respect of a person, their home address or another address which they have requested the trade union in writing to treat as their postal address.
- relevant ballot
means any ballot that is or may be held in which workers are asked whether the bargaining arrangements should be ended, and
- relevant Code of Practice
means a Code of Practice issued under this Chapter which relates exclusively or primarily to procedure for the resolution of disputes.
- relevant court
means such court, being the Court of Session or the Employment Appeal Tribunal, as may be specified in the scheme, and a different court may be specified as regards different grounds or matters.
- relevant employees
means— Nothing in section 237 (dismissal of those taking part in unofficial industrial action) affects the question who are relevant employees for the purposes of this section.
- relevant employer
means a person who it is reasonable for the trade union to believe (at the time when the steps are taken) was at the time of the ballot the employer of any persons entitled to vote.
- relevant lawyer
means—
- relevant member of the House of Commons staff
has the same meaning as in section 139 of the Employment Protection (Consolidation) Act 1978;
- relevant person
means a person who is eligible to vote by either or both of the following means of voting— (a) electronic voting;
- relevant personal information
has the meaning given in paragraph 8(5) of Schedule A1A;
- 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;
- relevant transfer
means— (a) a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, (b) anything else regarded, by virtue of an enactment, as a relevant transfer for the purposes of those Regulations, or (c) where an enactment provides a power to make provision which is the same as or similar to those Regulations, any other novation of a contract of employment effected in the exercise of that power, and “transferor” and “transferee” are to be construed accordingly;
- relevant worker
means any worker who is or would be entitled to vote in a relevant ballot.
- remedial order
means an order under this sub-paragraph.
- reporting period
means a period in relation to which the union is required by section 32 to send an annual return to the Certification Officer.
- require
(on the part of an individual) includes request or apply for, and “requisition” shall be construed accordinglyand. • “wages” shall be construed in accordance with the definitions of “contract of employment", “employer" and related expressions.
- respondent
means any trade union, or other body, that has such a right.
- response
means any response made by a trade union or other body in the exercise of a right to be heard, or to make representations, in response to the application or complaint;
- response notice
means a notice under subsection (4) given in accordance with subsection (5).
- secure database
means a database— (a) access to which requires multi-factor authentication, and (b) all data stored in which is encrypted to a standard which provides a reasonable level of protection to ensure its confidentiality, integrity, and availability;
- security event
means— (a) an attempt by a person to gain unauthorised access to the electronic voting platform;
- selected means of voting
means, in relation to a ballot, a permissible means of voting that is available for the ballot as a result of a determination under this section;
- separate fund
means a fund separate from the general funds of the trade union.
- ship
includes—
- special register body
means an organisation whose name appeared in the special register maintained under section 84 of the Industrial Relations Act 1971 immediately before 16 September 1974, and which is a company registered under the Companies Act 2006 or is incorporated by charter or letters patent.
- specified
means specified in the regulations.
- strike
means (except for the purposes of section 229(2) (see section 229(2A)) any concerted stoppage of work;
- the 1996 Act
means the Employment Rights Act 1996.
- the amalgamation date
means the date on which the instrument of amalgamation takes effect.
- the appropriate period
means the period—
- the appropriate trustees
means the trustees of the amalgamated or transferee union.
- the CAC case manager
means the member of the staff provided to the CAC by ACAS who is named in the requirement (but the CAC may, by notice given to the recipient of a requirement under this paragraph, change the member of that staff who is to be the CAC case manager for the purposes of that requirement);
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- the negotiation period
means a prescribed period beginning with the day on which a response notice is given.
- the relevant date
means— (a) where the trade union has rules determining who is entitled to vote in the election by reference to membership on a particular date, that date, and (b) otherwise, the date, or the last date, on which voting materials are distributed for the purposes of the election;
- the relevant day
means—
- the relevant period
means the period of 12 months beginning with the date of the declaration.
- the relevant time
means the time when the application is made.
- the required percentage
means 10%.
- the response period
means a prescribed period beginning with the day on which an access request is given;
- time of dismissal
means— and a “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.
- trade dispute
means a dispute between employers and workers, or between workers and workers, which is connected with one or more of the following matters—
- trade union
means an organisation (whether temporary or permanent)—
- trade union services
means services made available to the worker by an independent trade union by virtue of his membership of the union, and
- transferring individual
has the meaning given in subsection (1)(c).
- unique telephone number
means, in relation to a qualifying internet messaging service, a telephone number which is not associated with any other account registered with the service.
- voting access method
has the meaning given in paragraph 2(5) of Schedule A1A;
- voting access method information
means, in relation to relevant persons— (a) voting access methods;
- voting information
has the meaning given in paragraph 8(5) of Schedule A1A;
- voting materials
means either or both of the following, as applicable— (a) voting access methods;
- voting member of the executive
means a person entitled in his own right to attend meetings of the executive and to vote on matters on which votes are taken by the executive (whether or not he is entitled to attend all such meetings or to vote on all such matters or in all circumstances).
- voting station
means an area—
- worker
means an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1);
- workers
has the meaning given in section 218(5).
- 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.
- workplace installation
means a vehicle or structure which is— (a) controlled by the scrutineer, (b) placed in the workplace of those who are eligible to vote by workplace voting during the ballot, and (c) provided at the cost of the trade union;
- workplace location
means a location in the workplace of those who are eligible to vote by workplace voting which is not a workplace installation.
- workplace voting
means returning a voting paper provided under section 230E(6).
- workplace voting list
means the list of the names of the persons eligible to vote by workplace voting sent in accordance with section 226B(7).