Part V

Industrial action

Requirement of ballot before action by trade union

Voting paper.
229
1
The method of voting in a ballot must be by the marking of a voting paper by the person voting.
1A
Each voting paper must—
a
state the name of the independent scrutineer,
b
clearly specify the address to which, and the date by which, it is to be returned,
c
be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot, and
d
be marked with its number.
This subsection, in its application to a ballot in which merchant seamen to whom section 230(2A) applies are entitled to vote, shall have effect with the substitution, for the reference to the address to which the voting paper is to be returned, of a reference to the ship to which the seamen belong.
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.
2A
For the purposes of subsection (2) an overtime ban and a call-out ban constitute industrial action short of a strike.
2B
The voting paper must include a summary of the matter or matters in issue in the trade dispute to which the proposed industrial action relates.
2C
Where the voting paper contains a question about taking part in industrial action short of a strike, the type or types of industrial action must be specified (either in the question itself or elsewhere on the voting paper).
2D
The voting paper must indicate the period or periods within which the industrial action or, as the case may be, each type of industrial action is expected to take place.
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(2) (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."
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
twelve
weeks after you started taking part in the action, and depending on the circumstances may be unfair if it takes place later.
S. 229 applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(a)
S. 229(1A) inserted (30.8.1993) by 1993 c. 19, s. 20(2); S.I. 1993/1908, art. 2(1), Sch. 1
S. 229(2A) inserted (18.9.2000) by 1999 c. 26, ss. 4, 45, Sch. 3 paras. 1, 6(1)(2); S.I. 2000/2242, art. 2(2) (with transtitional provisions in art. 4)
Words in s. 229(3) substituted (30.8.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 25; S.I. 1993/1908, art. 2(1), Sch. 1
Words in s. 229(4) inserted (18.9.2000) by 1999 c. 26, ss. 4, 45, Sch. 3 paras. 1, 6(1)(3); S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)
Word in s. 229(4) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 13; S.I. 2005/872, art. 4, Sch. (with arts. 6-21)
S. 229(2B)-(2D) inserted (1.3.2017) by Trade Union Act 2016 (c. 15), ss. 5(1), 25(1) (with s. 5(2)); S.I. 2017/139, reg. 2(c)