Schedule A1, Part IV, paragraph 116J

This paragraph applies if the CAC decides that a complaint under paragraph 116I 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 at any time informed the union (or unions) under paragraph 117(11) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective). The CAC may make arrangements for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether the bargaining arrangements should be ended. The CAC may make an order under sub-paragraph (3), or make arrangements 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— in the case of an application under paragraph 106 or 107, the withdrawal of the application; in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1); the CAC refusing the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2); the CAC notifying the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application; if the CAC informs the union (or unions) under paragraph 117(11) of a ballot, the CAC acting under paragraph 121 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 116H. The CAC may make more than one order under sub-paragraph (3).

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