Employment Act 1988

1 Right to a ballot before industrial action. E+W+S

(1) A member of a trade union who claims [F1 that members of the union, including himself, are likely to be or have been induced by the union to take part or to continue to take part in industrial action which does not have the support of a ballot] may apply to the court for an order under this section.

(2) Where, on an application under this section, the court is satisfied [F2 that the application is well-founded]the court shall make such order as it considers appropriate for requiring the union to take steps . . . F3 for ensuring that there is no, or no further, inducement of members of the union to take part or to continue to take part in that action and that no such member engages in any conduct after the making of the order by virtue of having been induced before the making of the order to take part or to continue to take part in the action.

(3) [F4 For the purposes of this section an act shall be taken to have been done by a trade union if it was authorised or endorsed by the union; and the provisions of subsections (3) to (7) of section 15 of the Employment Act 1982 apply for the purpose of determining whether an act is to be taken to have been so authorised or endorsed.

Those provisions also apply in relation to proceedings for failure to comply with an order under this section as they apply in relation to the original proceedings.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(5) For the purposes of an application under this section . . . F5 industrial action is without the support of a ballot unless—

(a) the trade union has held one or more ballots in respect of that action;

(b) the applicant has been accorded entitlement to vote in the ballot or, as the case may be, in one of them;

(c) section 11 of the 1984 Act (requirements to be satisfied in relation to ballots on industrial action) has been satisfied in relation to the ballot in which the applicant was accorded entitlement to vote;

(d) the majority voting in that ballot have answered “Yes”—

(i) in the case of action which consists in a strike, to 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;

(ii) in the case of action which consists in action short of a strike, to 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 such action;

(iii) in the case of action which consists in action to which both of the questions mentioned in sub-paragraphs (i) and (ii) above are applicable, to the question or questions applicable to that part of the action in which the applicant is likely to be, or has been, induced to take part or to continue to take part;

and

(e) [F6 the requirements of section 7 of the Employment Act 1990 are satisfied.]

(6) In this section references to an inducement, in relation to a member of a trade union, include references to an inducement which is or would be ineffective, whether because of that member’s unwillingness to be influenced by it or for any other reason.

(7) In this section—

• “date of the ballot” has the same meaning as in Part II of the 1984 Act;

• “industrial action” means any strike or other industrial action by persons employed under contracts of employment;

• “strike” means any concerted stoppage of work.

(8) Nothing in this section shall be construed as requiring a trade union to hold separate ballots

Textual Amendments

F1 Words substituted by Employment Act 1990 (c. 38, SIF 43:5), s. 16(1), Sch. 2 para. 3(2) (subject as mentioned in S.I. 1990/2378, art. 6(b))

F2 Words substituted for S. 1(2)(a)–(c) by Employment Act 1990 (c. 38, SIF 43:5), s. 16(1), Sch. 2 para. 3(3) (subject as mentioned in S.I. 1990/2378, art. 6(b))

F3 Words repealed by Employment Act 1990 (c. 38, SIF 43:5), s. 16(1)(2), Sch. 2 para. 3(3), Sch. 3

F4 S. 1(3) substituted for S. 1(3)(4) by Employment Act 1990 (c. 38, SIF 43:5), s. 16(1), Sch. 2 para. 3(4) (subject as mentioned in S.I. 1990/2378, art. 6(b))

F5 Words repealed by Employment Act 1990 (c. 38, SIF 43:5), s. 16(1)(2), Sch. 2 para. 3(5), Sch. 3 (subject as mentioned in S.I. 1990/2378, art. 6(b))

F6 S. 1(5)(e) substituted by Employment Act 1990 (c. 38, SIF 43:5), s. 16(1), Sch. 2 para. 3(5)

Modifications etc. (not altering text)

C1 S. 1 amended by Employment Act 1990 (c. 38, SIF 43:5), ss. 5(1), 7(2)