HC Deb 29 March 2004 vol 419 cc1335-7

'After paragraph 27 of Schedule A1 to the 1992 Act insert—

27A

  1. Each of the parties informed by the CAC under paragraph 25(9) must refrain from using any unfair practice.
  2. A party uses an unfair practice if, with a view to influencing the result of the ballot, the party—
    1. offers anything to a worker entitled to vote in the ballot in return for the worker's agreement to vote in a particular way or to abstain from voting,
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    2. coerces or attempts to coerce a worker entitled to vote in the ballot to disclose—
      1. whether he intends to vote or to abstain from voting in the ballot, or
      2. how he intends to vote, or how he has voted, in the ballot,
    3. dismisses or threatens to dismiss a worker,
    4. takes or threatens to take disciplinary action against a worker,
    5. subjects or threatens to subject a worker to any other detriment, or
    6. uses or attempts to use undue influence on a worker entitled to vote in the ballot.
  3. The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.
  4. Each of the following powers shall be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—
    1. the power of ACAS under section 199(1);
    2. the power of the Secretary of State under section 203(1)(a).

27B

  1. A party may complain to the CAC that another party has failed to comply with paragraph 27A.
  2. A complaint under sub-paragraph (1) must be made on or before the first working day after—
    1. the date of the ballot, or
    2. if the ballot is held on more than one day, the last date on which votes can be cast in the ballot.
  3. Within the decision period the CAC must decide whether the complaint is well-founded.
  4. A complaint is well-founded if—
    1. the CAC finds that the party complained against used an unfair practice, and
    2. the CAC is satisfied that the use of that practice changed or was likely to change, in the case of a worker entitled to vote in the ballot—
      1. his intention to vote or to abstain from voting,
      2. his intention to vote in a particular way, or
      3. how he voted.
  5. The decision period is—
    1. the period of 10 working days starting with the day after that on which the complaint under subparagraph (1) was received by the CAC, or
    2. such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.
  6. If, at the beginning of the decision period, the ballot has not begun, the CAC may by notice to the parties and the qualified independent person postpone the date on which it is to begin until a date which falls after the end of the decision period.

27C

  1. The Secretary of State may by order make provision about the consequences of a decision that a complaint under paragraph 27B is well-founded.
  2. An order under this paragraph may, in particular—
    1. amend this Schedule;
    2. apply any provision of this Schedule with such modifications as may be specified in the order;
    3. confer functions on the CAC;
    4. make provision about the arrangement and conduct of further ballots;
    5. include supplementary or incidental provisions;
    6. make different provision for different cases or circumstances.
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  3. An order under this paragraph shall be made by statutory instrument.
  4. No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.".'.—[Mr. Sutcliffe.]

Brought up, read the First and Second time, and added to the Bill.

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