Schedule A1, Part III, paragraph 81I

This paragraph applies if the CAC decides that a complaint under paragraph 81H 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 CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”), and the CAC has at any time informed the union (or unions) under paragraph 25(9) (where it applies by virtue of paragraph 89(4)) 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 (or secret ballots) in which the workers constituting the new unit (or each of the new units) 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 66 or 75; the CAC issuing a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application; the CAC notifying the union (or unions) of its decision under paragraph 77(2) or 77(3); in relation to the new unit (or, if there is more than one, all of the new units)— the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5)), the union (or unions) notifying the CAC under paragraph 89(1), or if the CAC informs the union (or unions) under paragraph 25(9) (where it applies by virtue of paragraph 89(4)) of any ballot arising from the application, the CAC acting under paragraph 29 (where it applies by virtue of paragraph 89(5)) 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 81G. The CAC may make more than one order under sub-paragraph (3).

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