Recommendation 12

Given that an expected consequence of the Employment Right Bill may be greater recognition ballot activity within workplaces, it is essential that ministers amend section 27B of Schedule 1A of the Trade Union and Labour Relations (Consolidation) Act 1992 to provide longer than 24 hours for complaints about the conduct of recognition ballots to be heard and addressed. The Government should further commit to reform section 39(2) of Schedule 1A of the same Act to allow the Secretary of State for Business and Trade to significantly shorten the period of limitation covering proposed bargaining unit applications through regulations. The Secretary of State should agree to consult stakeholders on such changes as part of its future consultations on industrial relations reform. We further note that the right of access during statutory recognition ballots should be further supported by the development of (a) relevant access agreement templates and (b) better resourcing to support businesses, especially small businesses, and for enforcement and compliance information support to tackle the risk of non-compliance with the decisions of the Central Arbitration Committee. (Recommendation, Paragraph 67) 38