Schedule A1, Part III, paragraph 81J

Sub-paragraphs (4) to (6) apply if— the CAC issues a declaration under paragraph 81I(2) that a complaint that a party has failed to comply with paragraph 81G is well-founded, the application under paragraph 66 or 75 has not been withdrawn, the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”), the CAC has not issued a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application, the CAC has not notified 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), neither of the following has occurred— 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)), or the union (or unions) notifying the CAC under paragraph 89(1), and sub-paragraph (2) or (3) applies. This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included— the use of violence, or the dismissal of a union official. This sub-paragraph applies if the CAC has made an order under paragraph 81I(3) and— it is satisfied that the party subject to the order has failed to comply with it, or it makes another declaration under paragraph 81I(2) in relation to a complaint against that party. If the party that has failed to comply is the employer, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit or units. If the party that has failed to comply is a union, the CAC may issue a declaration that the union is (or unions are) not entitled to be so recognised. The powers conferred by this paragraph are in addition to those conferred by paragraph 81I.

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