Trade Union and Labour Relations (Consolidation) Act 1992

Requirement of ballot before action by trade union

226Requirement of ballot before action by trade union

(1)An act done by a trade union to induce a person to take part, or continue to take part, in industrial action is not protected unless the industrial action has the support of a ballot.

(2)Industrial action shall be regarded as having the support of a ballot only if—

(a)the union has held a ballot in respect of the action in relation to which the requirements of sections 227 to 232 were satisfied,

(b)the majority voting in that ballot answered “Yes” to the question applicable in accordance with section 229(2) to industrial action of the kind to which the act of inducement relates, and

(c)the requirements of section 233 (calling of industrial action with support of ballot) are satisfied.

(3)Where separate workplace ballots are held by virtue of section 228(1), industrial action shall be regarded as having the support of a ballot if the above conditions are satisfied in relation to the ballot for the place of work of the person induced to take part, or continue to take part, in the industrial action.

(4)For the purposes of this section an inducement, in relation to a person, includes an inducement which is or would be ineffective, whether because of his unwillingness to be influenced by it or for any other reason.

227Entitlement to vote in ballot

(1)Entitlement to vote in the ballot must be accorded equally to all the members of the trade union who it is reasonable at the time of the ballot for the union to believe will be induced to take part or, as the case may be, to continue to take part in the industrial action in question, and to no others.

(2)The requirement in subsection (1) shall be taken not to have been satisfied if any person who was a member of the trade union at the time when the ballot was held and was denied entitlement to vote in the ballot is induced by the union to take part or, as the case may be, to continue to take part in the industrial action.

228Separate workplace ballots

(1)Subject to the following provisions, where the members who it is reasonable at the time of the ballot for the union to believe will be induced to take part, or continue to take part, in the industrial action in question have different places of work, separate ballots shall be held for each place of work.

In such a case entitlement to vote in the ballot for each place of work shall be accorded only to such of those members as the union reasonably believes to have that as their place of work.

(2)Subsection (1) does not apply if at the time of the ballot it is reasonable for the union to believe, and it does believe, that all the members who are accorded entitlement to vote in the ballot have the same place of work.

(3)Subsection (1) does not apply if at the time of the ballot it is reasonable for the union to believe, and it does believe, that there is in relation to each of the members of the union who is accorded entitlement to vote in the ballot some factor (whether or not the same factor) which—

(a)relates to the terms or conditions of his employment or to the occupational description which is applicable to him in his employment,

(b)is a factor which he has in common with one or more of the other members of the union who are accorded that entitlement, and

(c)in a case where there are individuals employed by the same employer as he is who are members of the union but are not accorded that entitlement, is not a factor—

(i)which he has in common with any of those individuals, or

(ii)which individuals employed by that employer have in common as a consequence of having the same place of work;

nor does that subsection apply if at the time of the ballot it is reasonable for the union to believe, and it does believe, that the above conditions would be satisfied if any overseas members accorded entitlement to vote in the ballot were disregarded.

229Voting paper

(1)The method of voting in a ballot must be by the marking of a voting paper by the person voting.

(2)The voting paper must contain at least one of the following questions—

(a)a question (however framed) which requires the person answering it to say, by answering “Yes” or “No”, whether he is prepared to take part or, as the case may be, to continue to take part in a strike;

(b)a question (however framed) which requires the person answering it to say, by answering “Yes” or “No”, whether he is prepared to take part or, as the case may be, to continue to take part in industrial action short of a strike.

(3)The voting paper must specify who, in the event of a vote in favour of industrial action, is authorised for the purposes of section 233 to call upon members to take part or continue to take part in the industrial action.

The person or description of persons so specified need not be authorised under the rules of the union but must be within section 20(3) (persons for whose acts the union is taken to be responsible).

(4)The following statement must (without being qualified or commented upon by anything else on the voting paper) appear on every voting paper—

“If you take part in a strike or other industrial action, you may be in breach of your contract of employment.”.

230Conduct of ballot

(1)Every person who is entitled to vote in the ballot must—

(a)be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and

(b)so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.

(2)So far as is reasonably practicable, every person who is entitled to vote in the ballot must—

(a)be supplied with a voting paper, or

(b)have one made available to him immediately before, immediately after, or during his working hours, at his place of work or at a place which is more convenient for him.

(3)So far as reasonably practicable, every person who is entitled to vote in the ballot must be given either—

(a)a convenient opportunity to vote by post, or

(b)an opportunity to vote immediately before, immediately after, or during, his working hours at his place of work or at a place which is more convenient for him,

or, as alternatives, both of those opportunities.

No opportunity to vote shall be given except as mentioned above.

(4)A ballot shall be conducted so as to secure that—

(a)so far as is reasonably practicable, those voting do so in secret, and

(b)the votes given in the ballot are fairly and accurately counted.

For the purposes of paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the ballot.

231Information as to result of ballot

As soon as is reasonably practicable after the holding of the ballot, the trade union shall take such steps as are reasonably necessary to ensure that all persons entitled to vote in the ballot are informed of the number of—

(a)votes cast in the ballot,

(b)individuals answering “Yes” to the question, or as the case may be, to each question,

(c)individuals answering “No” to the question, or, as the case may be, to each question, and

(d)spoiled voting papers.

232Balloting of overseas members

(1)A trade union which has overseas members may choose whether or not to accord any of those members entitlement to vote in a ballot; and nothing in section 227 to 230 applies in relation to an overseas member or a vote cast by such a member.

(2)Where overseas members have voted in the ballot, section 231 (information as to result of ballot) shall be read as requiring the information mentioned in that provision—

(a)to be provided to all those entitled to vote in the ballot other than overseas members, and

(b)to distinguish between overseas members and other members.

(3)An “overseas member” of a trade union means a member (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast.

For this purpose—

• “merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships; and

• “offshore worker” means a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies.

(4)A member who throughout the period during which votes may be cast is in Northern Ireland shall not be treated as an overseas member—

(a)where the ballot is one to which section 228(1) or (2) applies (workplace ballots) and his place of work is in Great Britain, or

(b)where the ballot is one to which section 228(3) applies (general ballots) and relates to industrial action involving members both in Great Britain and in Northern Ireland.

(5)In relation to offshore employment the references in subsection (4) to Northern Ireland include any area where the law of Northern Ireland applies and the references to Great Britain include any area where the law of England and Wales or Scotland applies.

233Calling of industrial action with support of ballot

(1)Industrial action shall not be regarded as having the support of a ballot unless it is called by a specified person and the conditions specified below are satisfied.

(2)A “specified person” means a person specified or of a description specified in the voting paper for the ballot in accordance with section 229(3).

(3)The conditions are that—

(a)there must have been no call by the trade union to take part or continue to take part in industrial action to which the ballot relates, or any authorisation or endorsement by the union of any such industrial action, before the date of the ballot;

(b)there must be a call for industrial action by a specified person, and industrial action to which it relates must take place, before the ballot ceases to be effective in accordance with section 234.

(4)For the purposes of this section a call shall be taken to have been made by a trade union if it was authorised or endorsed by the union; and the provisions of section 20(2) to (4) apply for the purpose of determining whether a call, or industrial action, is to be taken to have been so authorised or endorsed.

234Period after which ballot ceases to be effective

(1)Subject to the following provisions, a ballot ceases to be effective for the purposes of section 233(3)(b) at the end of the period of four weeks beginning with the date of the ballot.

(2)Where for the whole or part of that period the calling or organising of industrial action is prohibited—

(a)by virtue of a court order which subsequently lapses or is discharged, recalled or set aside, or

(b)by virtue of an undertaking given to a court by any person from which he is subsequently released or by which he ceases to be bound,

the trade union may apply to the court for an order that the period during which the prohibition had effect shall not count towards the period referred to in subsection (1).

(3)The application must be made forthwith upon the prohibition ceasing to have effect—

(a)to the court by virtue of whose decision it ceases to have effect, or

(b)where an order lapses or an undertaking ceases to bind without any such decision, to the court by which the order was made or to which the undertaking was given;

and no application may be made after the end of the period of eight weeks beginning with the date of the ballot.

(4)The court shall not make an order if it appears to the court—

(a)that the result of the ballot no longer represents the views of the union members concerned, or

(b)that an event is likely to occur as a result of which those members would vote against industrial action if another ballot were to be held.

(5)No appeal lies from the decision of the court to make or refuse an order under this section.

(6)The period between the making of an application under this section and its determination does not count towards the period referred to in subsection (1).

But a ballot shall not by virtue of this subsection (together with any order of the court) be regarded as effective for the purposes of section 233(3)(b) after the end of the period of twelve weeks beginning with the date of the ballot.

235Construction of references to contract of employment

In sections 226 to 234 (requirement of ballot before action by trade union) references to a contract of employment include any contract under which one person personally does work or performs services for another; and related expressions shall be construed accordingly.