Schedule A1, Part I, paragraph 19O

This paragraph applies if the CAC decides that a complaint under paragraph 19N is well-founded. The CAC must, as soon as is reasonably practicable, issue a declaration to that effect. The CAC may order the party concerned to take any action specified in the order within such period as may be so specified. Sub-paragraph (5) applies if— the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit, and the CAC has at any time informed the union (or unions) under paragraph 25(9) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective). The CAC may give notice to the employer and to the union (or unions) that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit, other than those who joined the bargaining unit after the application day, are asked whether they want the union (or unions) to conduct collective bargaining on their behalf. The CAC may make an order under sub-paragraph (3), or give a notice under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs— the withdrawal of the application under paragraph 11 or 12; the CAC giving notice to the union (or unions) of a decision under paragraph 20 that the application is invalid; the CAC notifying the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application; if the CAC informs the union (or unions) under paragraph 25(9) of a ballot in relation to the application, the CAC acting under paragraph 29 in relation to the ballot. The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 19M. The CAC may make more than one order under sub-paragraph (3).

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Source: legislation.gov.uk · retrieved 2026-09-04