Trade Union and Labour Relations (Consolidation) Act 1992

228 Separate workplace ballots. E+W+S

(1) Subject to the following provisions, where the members who it is reasonable at the time of the ballot for the union to believe will be induced to take part, or continue to take part, in the industrial action in question have different places of work, separate ballots shall be held for each place of work.

In such a case entitlement to vote in the ballot for each place of work shall be accorded only to such of those members as the union reasonably believes to have that as their place of work.

(2) Subsection (1) does not apply if at the time of the ballot it is reasonable for the union to believe, and it does believe, that all the members who are accorded entitlement to vote in the ballot have the same place of work.

(3) Subsection (1) does not apply if at the time of the ballot it is reasonable for the union to believe, and it does believe, that there is in relation to each of the members of the union who is accorded entitlement to vote in the ballot some factor (whether or not the same factor) which—

(a) relates to the terms or conditions of his employment or to the occupational description which is applicable to him in his employment,

(b) is a factor which he has in common with one or more of the other members of the union who are accorded that entitlement, and

(c) in a case where there are individuals employed by the same employer as he is who are members of the union but are not accorded that entitlement, is not a factor—

(i) which he has in common with any of those individuals, or

(ii) which individuals employed by that employer have in common as a consequence of having the same place of work;

nor does that subsection apply if at the time of the ballot it is reasonable for the union to believe, and it does believe, that the above conditions would be satisfied if any overseas members accorded entitlement to vote in the ballot were disregarded.

[F1 (4) In this section “place of work”, in relation to any person who is employed, means the premises occupied by his employer at or from which that person works or, where he does not work at or from any such premises or works at or from more than one set of premises, the premises occupied by his employer with which his employment has the closest connection.]

Textual Amendments

F1 S. 228(4) inserted (30.8.1993) by 1993 c. 19, s. 49(1), Sch. 7 para.24; S.I. 1993/1908, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 228 applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(C)