Schedule A1, Part IV, paragraph 116D

This paragraph applies if— an access agreement is entered into, and the application under paragraph 106, 107 or 112 is in progress. “Access agreement” means— and such an agreement is to be treated as “entered into” when the terms are so agreed or decided. terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are agreed between the parties under paragraph 116B during the negotiation period, or terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are decided by the CAC under paragraph 116C, The parties must comply with the access agreement. The employer must refrain from making any offer to any or all of the workers constituting the bargaining unit which— has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, and is not reasonable in the circumstances. The employer must refrain from taking, or threatening to take, any action against a worker solely or mainly on the grounds that the worker— attended or took part in any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, or indicated an intention to attend or take part in such a meeting. A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4) and (5) if— it is organised in accordance with an access agreement or as a result of a step ordered to be taken under paragraph 116E to remedy a failure to comply with the duty in sub-paragraph (3), and it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend. The duties imposed by sub-paragraphs (4) and (5) do not confer any rights on a worker; but that does not affect any other right which a worker may have. Any provision of an access agreement that would require personal data relating to any of the relevant workers to be disclosed to a person other than a person appointed under paragraph 117 to conduct a ballot is of no effect for the purposes of this Part of this Schedule. “Personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). An access agreement is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract; and, accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.

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