Employment Relations Act 1999

Voting paper

6(1)Section 229 (voting paper) shall be amended as follows.

(2)After subsection (2) (voting paper must ask whether voter is prepared to take part in a strike or industrial action short of a strike) insert—

(2A)For the purposes of subsection (2) an overtime ban and a call-out ban constitute industrial action short of a strike.

(3)At the end of the statement in subsection (4) (statement that industrial action may be a breach of employment contract to be set out on every voting paper) insert—

  • However, if you are dismissed for taking part in strike or other industrial action which is called officially and is otherwise lawful, the dismissal will be unfair if it takes place fewer than eight weeks after you started taking part in the action, and depending on the circumstances may be unfair if it takes place later.

(4)In the definition of “strike” in section 246 (interpretation) after “means” there shall be inserted “(except for the purposes of section 229(2))”.