Trade Union and Labour Relations (Consolidation) Act 1992

226 Requirement of ballot before action by trade union

(1) An act done by a trade union to induce a person to take part, or continue to take part, in industrial action is not protected unless the industrial action has the support of a ballot.

(2) Industrial action shall be regarded as having the support of a ballot only if—

(a) the union has held a ballot in respect of the action in relation to which the requirements of sections 227 to 232 were satisfied,

(b) the majority voting in that ballot answered “Yes” to the question applicable in accordance with section 229(2) to industrial action of the kind to which the act of inducement relates, and

(c) the requirements of section 233 (calling of industrial action with support of ballot) are satisfied.

(3) Where separate workplace ballots are held by virtue of section 228(1), industrial action shall be regarded as having the support of a ballot if the above conditions are satisfied in relation to the ballot for the place of work of the person induced to take part, or continue to take part, in the industrial action.

(4) For the purposes of this section an inducement, in relation to a person, includes an inducement which is or would be ineffective, whether because of his unwillingness to be influenced by it or for any other reason.