Sch A1 para 19J
(1) This paragraph applies if— (a) an access agreement is entered into, and (b) the application under paragraph 11 or 12 is in progress. (2) “ Access agreement ” means— (a) terms on which the union is (or unions are) to have access to the relevant workers and which are agreed between the parties under paragraph 19H during the negotiation period, or (b) terms on which the union is (or unions are) to have access to the relevant workers and which are decided by the CAC under paragraph 19I, and such an agreement is “entered into” when the terms are so agreed or decided. (3) The parties must comply with the access agreement. (4) The employer must refrain from making any offer to any or all of the relevant workers which— (a) 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 relevant workers, and (b) is not reasonable in the circumstances. (5) The employer must refrain from taking, or threatening to take, any action against a worker solely or mainly on the grounds that the worker— (a) attended or took part in any relevant meeting between the union (or unions) and the relevant workers, or (b) indicated an intention to attend or take part in such a meeting. (6) In the case of an application under paragraph 11(2) or 12(2), the relevant workers are— (a) in relation to any time before an appropriate bargaining unit is agreed by the parties or decided by the CAC, those falling within the proposed bargaining unit, and (b) in relation to any time after an appropriate bargaining unit is so agreed or decided, those falling within the bargaining unit agreed or decided upon. (7) In the case of an application under paragraph 12(4), the relevant workers are those falling within the bargaining unit agreed by the parties. (8) A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4) and (5) if— (a) it is organised in accordance with an access agreement or as a result of a step ordered to be taken under paragraph 19K to remedy a failure to comply with the duty in sub-paragraph (3), and (b) 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. (9) 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. (10) Any provision of an access agreement that would require personal data relating to any of the relevant workers to be disclosed to any person who is not an appointed person is of no effect for the purposes of this Part of this Schedule. (11) In sub-paragraph (10)— (a) “ appointed person ” means— (i) a person appointed to handle communications under paragraph 19C, or (ii) a person appointed to conduct a ballot under paragraph 25; (b) “ personal data ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). (12) 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.