Employment Relations Act 2004, No. 24 (as amended)

The Employment Relations Act 2004 is a significant piece of legislation in the UK that aims to improve and regulate employment relations. The Act focuses on enhancing the rights of workers, ensuring fair treatment in the workplace, and providing a framework for effective dispute resolution between employers and employees.

Purpose: The primary purpose of the Employment Relations Act 2004 is to strengthen the legal framework governing employment relations, promote fair treatment of employees, and facilitate effective communication and dispute resolution between employers and workers. It aims to support harmonious workplace relationships and ensure compliance with employment laws.

Requirements:

1. Union Recognition: The Act provides a clear process for trade unions to gain recognition for collective bargaining purposes. This includes procedures for determining when a union has sufficient support among workers to be formally recognized by the employer.
2. Industrial Action: The Act outlines the legal requirements for taking industrial action, including the need for ballots and proper notification to employers. It also provides protections for workers participating in lawful industrial action.
3. Dispute Resolution: The Act promotes alternative dispute resolution mechanisms, such as mediation and arbitration, to resolve workplace disputes without resorting to litigation. It encourages the use of the Advisory, Conciliation and Arbitration Service (ACAS) for resolving conflicts.
4. Rights of Union Members: The Act enhances the rights of trade union members, including protection against unfair dismissal for participating in union activities and the right to be accompanied by a union representative in disciplinary and grievance procedures.
5. Employment Agencies: The Act includes provisions to regulate employment agencies, ensuring they operate fairly and transparently. It includes measures to protect agency workers from exploitation and unfair practices.
6. Information and Consultation: Employers are required to inform and consult with employees on significant workplace issues, such as business transfers or collective redundancies, promoting better communication and engagement.

Applicability: The Employment Relations Act 2004 applies to employers, employees, trade unions, and employment agencies in the UK. It affects a wide range of employment-related activities, from union recognition and industrial action to dispute resolution and the regulation of employment agencies.

By setting out clear guidelines and protections, the Employment Relations Act 2004 helps to foster positive employment relationships, ensure fair treatment in the workplace, and provide mechanisms for resolving disputes effectively.

The Employment Relations Act 2004 includes several evidence requirements to ensure compliance with its provisions, particularly concerning union recognition, industrial action, and dispute resolution. These requirements help to promote transparency, accountability, and fair treatment in employment relations.

Key Evidence Requirements:

1. Union Recognition: For a trade union to gain recognition, it must demonstrate sufficient support among the workforce. This often involves presenting evidence such as membership numbers, signed petitions, or ballots showing majority support for the union.
2. Industrial Action Ballots: Before undertaking industrial action, trade unions must conduct a ballot of their members. The union must keep detailed records of the ballot process, including voter lists, ballot papers, and results. Evidence of compliance with notification requirements to employers and members about the ballot and the action itself must also be documented.
3. Dispute Resolution Documentation: When using alternative dispute resolution mechanisms, such as mediation or arbitration, both employers and employees should maintain records of all communications, agreements, and outcomes related to the dispute. Documentation from the Advisory, Conciliation and Arbitration Service (ACAS) can also be required as evidence of attempts to resolve disputes amicably.
4. Employee Consultations: Employers must document consultations with employees on significant workplace issues like business transfers or redundancies. Records should include meeting minutes, correspondence, and any materials provided to employees during the consultation process.
5. Rights of Union Members: Employers need to maintain records of disciplinary and grievance procedures where union representation was involved. This includes notes from meetings, decisions made, and evidence of fair treatment and compliance with the employee's right to be accompanied by a union representative.
6. Employment Agency Practices: Employment agencies must keep comprehensive records of their operations, including contracts with workers and employers, job placements, and compliance with regulatory standards. This documentation helps ensure transparency and fair treatment of agency workers.

These evidence requirements under the Employment Relations Act 2004 ensure that both employers and trade unions operate within the legal framework, promoting fair treatment, transparency, and effective resolution of disputes in the workplace. They also provide a basis for verifying compliance and addressing any breaches of the Act.