Paragraph 41 of the Schedule inserts after new paragraph 81F new paragraphs 81G to 81J in relation to unfair practices. This mirrors paragraph 10 of the Schedule in relation to statutory recognition applications under paragraph 11 or 12 of Schedule A1. However, paragraph 41 of the Schedule, and new paragraphs 81G to 81J that it inserts, relate to applications to the CAC under paragraphs 66 or 75 to determine the bargaining unit where one of the parties believes the original bargaining unit is no longer appropriate or where there have been significant changes to it, including where the original bargaining unit may not exist.
	Subparagraph (1) of paragraph 81G sets out that the parties must refrain from using any unfair practice.
	Subparagraph (2) of paragraph 81G defines what constitutes an unfair practice. This follows the current definition of an unfair practice. It should be noted that Ministers have the power under paragraph 166B of Schedule A1 to widen in future the definition of what constitutes an unfair practice.
	Subparagraph (3) of paragraph 81G defines what is the relevant ballot and the relevant workers.
	Subparagraph (4) of paragraph 81G defines what is an outcome-specific offer, which is an offer to pay money or equivalent where the aim is to affect the outcome of the recognition application.
	Subparagraph (5) of paragraph 81G states that duties imposed by new paragraph 81G do not confer any rights on the worker, but do not affect any other rights that the worker may have.
	Subparagraph (6) of paragraph 81G provides for Ministers or ACAS to issue Codes of Practice in relation to new paragraph 81G (unfair practices).
	Paragraph 41 of the Schedule also inserts after new paragraph 81G new paragraph 81H. Subparagraph (1) of paragraph 81H sets out that a party may complain to the CAC where the other party has not complied with the duties in new paragraph 81G (unfair practices).
	Subparagraph (2) of paragraph 81H sets out that a complaint may not be made after certain stages of the recognition process. These stages, termed ‘conclusion events’, are set out in subparagraph (3).
	Subparagraph (4) of paragraph 81H sets out that the complaint period is 5 working days after the closing of the ballot.
	Subparagraph (5), (6) and (7) of paragraph 81H require the CAC to decide within a period of 10 working days whether a complaint of an unfair practice is well-founded. Well-founded is defined as the CAC making a finding that an unfair practice has occurred. The CAC may extend the 10 working day period by notice giving reasons to the parties.
	Paragraph 41 of the Schedule also inserts new paragraph 81I after new paragraph 81H. Subparagraph (1) of paragraph 81I stipulates that this paragraph applies where the CAC has found a complaint under new paragraph 81H (unfair practices) in relation to an application to the CAC to determine the bargaining unit under paragraph 66 or 75 of Schedule A1 to be well founded.
	Subparagraph (2) of paragraph 81I states that the CAC must make a declaration that the complaint is well founded.
	Subparagraph (3) of paragraph 81I enables the CAC to order the offending party to take specified steps within a specified period.
	Subparagraph (4) of paragraph 81I sets out the circumstances where subparagraph (5) below applies: where the CAC determines that the original bargaining unit is not appropriate, has given a decision about a new unit and informed the union of a ballot.
	Subparagraph (5) of paragraph 81I sets out that the CAC may give notice to the union and the employer that it intends to hold a secret ballot of the workforce in the new bargaining unit(s) to determine whether they want union recognition.
	Subparagraph (6) of paragraph 81I sets out that the CAC can make orders, issue notices or declarations at any time prior to certain events occurring under (a – d).
	Subparagraph (7) of paragraph 81I explains that any action that the CAC takes must be reasonable in order to mitigate the failure of a party where it has not complied with the requirements under paragraph 81G (unfair practices). Subparagraph (8) allows the CAC to make more than one order under this paragraph.
	Paragraph 41 of the new Schedule also inserts new paragraph 81J after new paragraph 81I.
	New paragraph 81J sets out the circumstances, in cases where the CAC has found that an unfair practice complaint has been well founded, and that there has been use of violence, dismissal of a union official, or where the CAC has made an order in relation to rectifying an unfair practice and this has not been complied with, or makes another declaration under paragraph 81I(2) in relation to the same party, then the CAC may consider awarding the union recognition if the employer is the party in breach, or may consider dismissing the application where the party in breach is the union. New paragraph 81J subparagraph (6) clarifies that the CAC powers under paragraph 81J are in addition to those under paragraph 81I.
Part 4: Trade Unions and Industrial Action, etc Trade union recognition Part 3 – Changes affecting bargaining unit after recognition Unfair practices