Section 70ZJ — Trade Union and Labour Relations (Consolidation) Act 1992: Power to make provision about amounts payable under section 70ZI

Power to make provision about amounts payable under section 70ZI 70ZJ 1 The Secretary of State may prescribe that an amount payable under section 70ZI(5)(b)—

a must be at least a prescribed amount;

b may not exceed a prescribed amount.

2 An amount may be prescribed under subsection (1)(a) or (b)—

a as a fixed amount;

b by reference to one or more prescribed factors;

c as the highest or lowest of two or more prescribed amounts, whether prescribed as fixed amounts or by reference to one or more prescribed factors.

3 The factors that may be prescribed under subsection (2)(b) or (c) include (among others)—

a the nature of the complaint under section 70ZI(2) against the person required to pay the amount (the “liable party”);

b whether the liable party has previously been subject to a complaint under section 70ZH(1) or 70ZI(2), or a prescribed number of such complaints, declared by the Central Arbitration Committee to be well-founded;

c whether the liable party is of a prescribed description;

d in the case of a liable party that is an undertaking, the turnover of the liable party in a prescribed period, including (in particular) worldwide, European or United Kingdom turnover;

e in the case of a liable party that is an employer—

i the number of workers employed by the liable party, or ii the number of workers of a prescribed description employed by the liable party;

f in the case of a liable party that is a trade union, the number of members that the liable party has.

4 The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering what amount is payable under section 70ZI(5)(b).