Trade Union and Labour Relations (Consolidation) Act 1992

116 Use of employer’s premises for secret ballot. E+W+S

(1) Where an independent trade union which is recognised by an employer to any extent for the purposes of collective bargaining—

(a) proposes to hold a ballot to which this section applies, and

(b) requests the employer to permit premises of his to be used for the purpose of giving workers employed by him who are members of the union a convenient opportunity of voting,

the employer shall, so far as reasonably practicable, comply with that request.

(2) This section applies to a ballot if—

(a) as respects the purposes of the question (or one of the questions) to be voted upon, the ballot satisfies the requirements of a scheme under section 115, and

(b) the proposals for the conduct of the ballot are such as to secure, so far as reasonably practicable, that those voting do so in secret.

(3) Subsection (1) does not apply where—

(a) the ballot is one in which every person who is entitled to vote must be given a convenient opportunity to vote by post; or

(b) at the time the request is made the number of workers employed by the employer, added to the number employed by any associated employer, does not exceed 20.

(4) A trade union which claims that an employer has failed to comply with a request made by the union in accordance with subsection (1), which it was reasonably practicable for him to comply with, may present a complaint to an industrial tribunal.

(5) The tribunal shall not entertain a complaint unless it is presented to the tribunal—

(a) before the end of the period of three months beginning with the date of the failure, or

(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as the tribunal considers reasonable.

(6) Where the tribunal finds that the complaint is well-founded, it shall make a declaration to that effect and may make an award of compensation to be paid by the employer to the union of such amount as it considers just and equitable in all the circumstances having regard to the employer’s failure and to any expenses incurred by the union in consequence of the failure.

(7) The remedy of a union for failure to comply with a request under subsection (1) is by way of complaint to an industrial tribunal in accordance with this section, and not otherwise.