Trade Union and Labour Relations (Consolidation) Act 1992
Sections and provisions with full text and the judgments that cite each one.
Section 176 — Remedies.
Remedies. 176 1 Where the employment tribunal finds a complaint under section 174 is well-founded, it shall make a declaration to that effect. 1A If a tribunal makes a declaration under subsection…
Section 177 — Interpretation and other supplementary provisions.
Interpretation and other supplementary provisions. 177 1 For the purposes of section 174— a “ trade union ” does not include an organisation falling within paragraph (b) of section 1, b “ conduct ”…
Section 178 — Collective agreements and collective bargaining.
Collective agreements and collective bargaining. 178 1 In this Act “ collective agreement ” means any agreement or arrangement made by or on behalf of one or more trade unions and one or more…
Section 179 — Whether agreement intended to be a legally enforceable contract.
Whether agreement intended to be a legally enforceable contract. 179 1 A collective agreement shall be conclusively presumed not to have been intended by the parties to be a legally enforceable…
Section 180 — Effect of provisions restricting right to take industrial action.
Effect of provisions restricting right to take industrial action. 180 1 Any terms of a collective agreement which prohibit or restrict the right of workers to engage in a strike or other industrial…
Section 181 — General duty of employers to disclose information.
General duty of employers to disclose information. 181 1 An employer who recognises an independent trade union shall, for the purposes of all stages of collective bargaining about matters, and in…
Section 182 — Restrictions on general duty.
Restrictions on general duty. 182 1 An employer is not required by section 181 to disclose information— a the disclosure of which would be against the interests of national security, or b which he…
Section 183 — Complaint of failure to disclose information.
Complaint of failure to disclose information. 183 1 A trade union may present a complaint to the Central Arbitration Committee that an employer has failed— a to disclose to representatives of the…
Section 184 — Further complaint of failure to comply with declaration.
Further complaint of failure to comply with declaration. 184 1 After the expiration of the period specified in a declaration under section 183(5)(c) the trade union may present a further complaint to…
Section 185 — Determination of claim and award.
Determination of claim and award. 185 1 On or after presenting a further complaint under section 184 the trade union may present to the Central Arbitration Committee a claim, in writing, in respect…
Section 186 — Recognition requirement in contract for goods or services void.
Recognition requirement in contract for goods or services void. 186 A term or condition of a contract for the supply of goods or services is void in so far as it purports to require a party to the…
Section 187 — Refusal to deal on grounds of union exclusion prohibited.
Refusal to deal on grounds of union exclusion prohibited. 187 1 A person shall not refuse to deal with a supplier or prospective supplier of goods or services if the ground or one of the grounds for…
Section 188 — Duty of employer to consult . . . representatives.
Duty of employer to consult . . . representatives. 188 A1 Subsection (1) applies where an employer is proposing to dismiss as redundant within a period of 90 days or less— a at least the threshold…
Section 188A
188A 1 The requirements for the election of employee representatives under section 188(1B)(b)(ii) are that– a the employer shall make such arrangements as are reasonably practical to ensure that the…
Section 189 — Complaint . . . and protective award.
Complaint . . . and protective award. 189 1 Where an employer has failed to comply with a requirement of section 188 or section 188A, a complaint may be presented to an employment tribunal on that…
Section 190 — Entitlement under protective award.
Entitlement under protective award. 190 1 Where an employment tribunal has made a protective award, every employee of a description to which the award relates is entitled, subject to the following…
Section 191 — Termination of employment during protected period.
Termination of employment during protected period. 191 1 Where the employee is employed by the employer during the protected period and— a he is fairly dismissed by his employer otherwise than as…
Section 192 — Complaint by employee to employment tribunal .
Complaint by employee to employment tribunal . 192 1 An employee may present a complaint to an employment tribunal on the ground that he is an employee of a description to which a protective award…
Section 193 — Duty of employer to notify Secretary of State of certain redundancies.
Duty of employer to notify Secretary of State of certain redundancies. 193 1 An employer proposing to dismiss as redundant 100 or more employees at one establishment within a period of 90 days or…
Section 193A — Application of section 193 in certain cases involving redundancies of ships’ crew
Application of section 193 in certain cases involving redundancies of ships’ crew 193A 1 Section 193 applies with the modifications set out in subsections (2) and (3) if— a the duty under section…
Section 194 — Offence of failure to notify.
Offence of failure to notify. 194 1 An employer who fails to give notice to the Secretary of State in accordance with section 193 commits an offence and is liable on summary conviction to a fine not…
Section 195 — Construction of references to dismissal as redundant etc.
Construction of references to dismissal as redundant etc. 195 1 In this Chapter references to dismissal as redundant are references to dismissal for a reason not related to the individual concerned…
Section 195A — Construction of references to threshold number of employees
Construction of references to threshold number of employees 195A 1 In this Chapter references to the threshold number of employees are references to the number of employees determined in accordance…
Section 196 — Construction of references to representatives.
Construction of references to representatives. 196 1 For the purposes of this Chapter persons are employee representatives if— a they have been elected by employees for the specific purpose of being…
Section 197 — Power to vary provisions.
Power to vary provisions. 197 1 The Secretary of State may by order made by statutory instrument vary— a the provisions of sections 188(2) and 193(1) (requirements as to consultation and…
Section 198 — Power to adapt provisions in case of collective agreement.
Power to adapt provisions in case of collective agreement. 198 1 This section applies where there is in force a collective agreement which establishes— a arrangements for providing alternative…
Section 198A — Employees being transferred to the employer from another undertaking
Employees being transferred to the employer from another undertaking 198A 1 This section applies where the following conditions are met— a there is to be, or is likely to be, a relevant transfer, b…
Section 198B — Section 198A: supplementary
Section 198A: supplementary 198B 1 Where section 198A applies and the transferee elects to carry out pre-transfer consultation (and has not cancelled the election), the application under section…
Section 199 — Issue of Codes of Practice by ACAS.
Issue of Codes of Practice by ACAS. 199 1 ACAS may issue Codes of Practice containing such practical guidance as it thinks fit for the purpose of promoting the improvement of industrial relations or…
Section 200 — Procedure for issue of Code by ACAS.
Procedure for issue of Code by ACAS. 200 1 Where ACAS proposes to issue a Code of Practice, or a revised Code, it shall prepare and publish a draft of the Code, shall consider any representations…
Section 201 — Consequential revision of Code issued by ACAS.
Consequential revision of Code issued by ACAS. 201 1 A Code of Practice issued by ACAS may be revised by it in accordance with this section for the purpose of bringing it into conformity with…
Section 202 — Revocation of Code issued by ACAS.
Revocation of Code issued by ACAS. 202 1 A Code of Practice issued by ACAS may, at the request of ACAS, be revoked by the Secretary of State by order made by statutory instrument. The order may…
Section 203 — Issue of Codes of Practice by the Secretary of State.
Issue of Codes of Practice by the Secretary of State. 203 1 The Secretary of State may issue Codes of Practice containing such practical guidance as he thinks fit for the purpose— a of promoting the…
Section 204 — Procedure for issue of Code by Secretary of State.
Procedure for issue of Code by Secretary of State. 204 1 When the Secretary of State proposes to issue a Code of Practice, or a revised Code, he shall after consultation with ACAS prepare and publish…
Section 205 — Consequential revision of Code issued by Secretary of State.
Consequential revision of Code issued by Secretary of State. 205 1 A Code of Practice issued by the Secretary of State may be revised by him in accordance with this section for the purpose of…
Section 206 — Revocation of Code issued by Secretary of State.
Revocation of Code issued by Secretary of State. 206 1 A Code of Practice issued by the Secretary of State may be revoked by him by order made by statutory instrument. The order may contain such…
Section 207 — Effect of failure to comply with Code.
Effect of failure to comply with Code. 207 1 A failure on the part of any person to observe any provision of a Code of Practice issued under this Chapter shall not of itself render him liable to any…
Section 207A — Effect of failure to comply with Code: adjustment of awards
Effect of failure to comply with Code: adjustment of awards 207A 1 This section applies to proceedings before an employment tribunal relating to a claim by an employee under any of the jurisdictions…
Section 208 — Provisions of earlier Code superseded by later.
Provisions of earlier Code superseded by later. 208 1 If ACAS is of the opinion that the provisions of a Code of Practice to be issued by it under this Chapter will supersede the whole or part of a…
Section 209 — General duty to promote improvement of industrial relations.
General duty to promote improvement of industrial relations. 209 It is the general duty of ACAS to promote the improvement of industrial relations . . . . . .
Section 210 — Conciliation.
Conciliation. 210 1 Where a trade dispute exists or is apprehended ACAS may, at the request of one or more parties to the dispute or otherwise, offer the parties to the dispute its assistance with a…
Section 210A — Information required by ACAS for purposes of settling recognition disputes
Information required by ACAS for purposes of settling recognition disputes 210A 1 This section applies where ACAS is exercising its functions under section 210 with a view to bringing about a…
Section 211 — Conciliation officers.
Conciliation officers. 211 1 ACAS shall designate some of its officers to perform the functions of conciliation officers under any enactment (whenever passed) relating to matters which are or could…
Section 212 — Arbitration.
Arbitration. 212 1 Where a trade dispute exists or is apprehended ACAS may, at the request of one or more of the parties to the dispute and with the consent of all the parties to the dispute, refer…
Section 212A — Arbitration scheme for unfair dismissal cases etc.
Arbitration scheme for unfair dismissal cases etc. 212A 1 ACAS may prepare a scheme providing for arbitration in the case of disputes involving proceedings, or claims which could be the subject of…
Section 212B — Dismissal procedures agreements.
Dismissal procedures agreements. 212B ACAS may, in accordance with any dismissal procedures agreement (within the meaning of the Employment Rights Act 1996), refer any matter to the arbitration of a…
Section 213 — Advice.
Advice. 213 1 ACAS may, on request or otherwise, give employers, employers’ associations, workers and trade unions such advice as it thinks appropriate on matters concerned with or affecting or…
Section 214 — Inquiry.
Inquiry. 214 1 ACAS may, if it thinks fit, inquire into any question relating to industrial relations generally or to industrial relations in any particular industry or in any particular undertaking…
Section 215 — Inquiry and report by court of inquiry.
Inquiry and report by court of inquiry. 215 1 Where a trade dispute exists or is apprehended, the Secretary of State may inquire into the causes and circumstances of the dispute, and, if he thinks…
Section 216 — Constitution and proceedings of court of inquiry.
Constitution and proceedings of court of inquiry. 216 1 A court of inquiry shall consist of— a a chairman and such other persons as the Secretary of State thinks fit to appoint, or b one person…