Part V E+W+S Industrial action

Requirement of ballot before action by trade union E+W+S

[F1 232B Small accidental failures to be disregarded. E+W+S

(1) If—

(a) in relation to a ballot there is a failure (or there are failures) to comply with a provision mentioned in subsection (2) or with more than one of those provisions, and

(b) the failure is accidental and on a scale which is unlikely to affect the result of the ballot or, as the case may be, the failures are accidental and taken together are on a scale which is unlikely to affect the result of the ballot,

the failure (or failures) shall be disregarded [F2 for all purposes (including, in particular, those of section 232A(c))].

(2) The provisions are section 227(1), section 230(2) and section [F3 230(2B)].]

Textual Amendments

F1 S. 232B inserted (18.9.2000) by 1999 c. 26, s. 4, Sch. 3 paras. 1, 9; S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)

F2 Words in s. 232B(1) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 24(1)(a), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F3 Words in s. 232B(2) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 24(1)(b), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)