The Employment Relations Act 1999
c 26
is an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliame ...

of the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...

. It made significant amendments in

UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...

to the

Trade Union and Labour Relations (Consolidation) Act 1992 The Trade Union and Labour Relations (Consolidation) Act 1992c 52 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland. The law cont ...

Provisions

Trade unions

Sections 1 to 6 concern changes implementing a new statutory procedure for employers to recognise and collectively bargain with a

trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ...

, in any business with over 20 employees. Section 1 and Schedule 1 achieves this by amending the

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 Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, Paternity (law), paternity, and adoption leave; or may be used distinctively from "maternity leave" an ...

Disciplinary and grievance hearings

Section 10 creates a right for employees to be accompanied to disciplinary or grievance meetings by a companion of their choice provided that the chosen companion is a member of one of the following categories: * a paid official of a trade union; * an unpaid official of a trade union who is certified as competent to act as a companion; or * another of the employer's workers. Where an employer refuses to allow the employee to be accompanied in this way the employee may present a claim in an Employment Tribunal and be entitled to limited financial compensation. In certain circumstances a failure to permit accompaniment may also amount to a breach of the implied contractual term that an employer will not without reasonable or proper cause conduct itself in such a way that is calculated or likely to destroy or seriously damage the relationship of trust and confidence that exists between an employer and its employee.

Other rights of individuals

Section 16 to 23 cover other individual employment rights. 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 Agency worker law refers to a body of law which regulates the conduct of employment agencies and the labour law rights of people who get jobs through them. The typical situation involves the person going to an employment agency and then the employme ...

CAC, ACAS, Commissioners and Certification Officer

Sections 24 to 29 cover changes in rules concerning the

Central Arbitration Committee The Central Arbitration Committee is a UK government body, whose task is to oversee the regulation of UK labour law as it relates to trade union recognition and collective bargaining. Chairs * Michael Burton *Former deputy chair, PL Davies See ...

ACAS The Advisory, Conciliation and Arbitration Service (Acas) is a Crown non-departmental public body of the Government of the United Kingdom. Its purpose is to improve organisations and working life through the promotion and facilitation of strong ...

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 The Employment Agencies Act 1973 (c.35) is a United Kingdom Act of Parliament and part of a wider body of UK agency worker law. It regulates the conduct of employment agencies which recruit and manage temporary and permanent labour. It applies ...

General

Sections 42 to 47 concern general provisions.

External links

* {{UK legislation 1999 in British law United Kingdom Acts of Parliament 1999 United Kingdom labour law British trade unions history Trade union legislation