Employment Protection Act 1975

14 Inquiries under ss. 12 and 13

(1) In the course of its inquiries into a recognition issue under section 12 or 13 above the Service shall ascertain the opinions of workers to whom the issue relates by any means it thinks fit, but if in any case it determines to take a formal ballot of those workers or any description of such workers, the following provisions of this section shall apply.

(2) In making arrangements for any such ballot the Service shall have regard to the need for securing that every worker invited to take part in the ballot has an equal right and a fair opportunity of voting, and that the vote cast by any individual in the ballot will be kept secret.

(3) Before taking any such ballot the Service shall give notice to every employer and union concerned in the reference or application, including every union known to the Service to have members among the workers proposed to be invited to take part in the ballot, of—

(a) the description or descriptions of workers proposed to be invited to take part in the ballot;

(b) the question or questions on which the ballot is proposed to be taken ; and

(c) the manner in which the ballot is proposed to be taken ;

and the Service shall consider any representations made by any such employer or union with respect to the proposals.

(4) Subject to subsections (2) and (3) above, any such ballot may be conducted in such manner as the Service thinks fit.

(5) Where a formal ballot has been taken in accordance with this section the Service shall arrange for—

(a) the question or questions on which the ballot was taken ; and

(b) the results of the ballot on that question or on each such question,

to be notified to every employer and union concerned in the reference or application, including every union known to the Service to have members among the workers invited to take part in the ballot.

(6) An employer who is notified in accordance with subsection (5) above of the results of the ballot and who has workers among those invited to take part in the ballot shall arrange for those results to be notified to them.