Employment Act 1988

3 (1) In section 2 of the Employment Act 1980 (secret ballots on employers' premises)—

(a) in subsection (1), at the end there shall be inserted the words “unless the ballot is one in which every person who is entitled to vote must be given a convenient opportunity to vote by post.”; and

(b) in subsection (9), at the end there shall be inserted the words “; and in this section “post” has the same meaning as in Part I of the [1984 c. 49.] Trade Union Act 1984.”

(2) In section 5 of that Act—

(a) in subsection (8) (limit in certain cases on compensation for unreasonable exclusion or expulsion from a trade union), at the beginning there shall be inserted the words “Subject to subsection (8A) below,” and at the end there shall be inserted the words—

“and shall not be less than the amount for the time being specified in section 73(4A) of that Act (minimum basic award in certain cases of unfair dismissal).”;

and

(b) after that subsection there shall be inserted the following subsection—

“(8A) In determining the amount of any compensation to be awarded against a trade union on an application under this section, any reduction or increase which is required to be made by virtue of subsection (7) or (8) above shall be made—

(a) before any reduction is made by virtue of subsection (5) or (6) above; and

(b) before any reduction is made on account of sums already paid by the union by way of compensation in respect of the subject matter of the application;

and, accordingly, where the case so requires, the reductions mentioned in paragraphs (a) and (b) above shall be applied to the maximum or, as the case may be, minimum award under subsection (7) or (8) above.”