that it induces another person to break a contract or interferes or induces another person to interfere with its performance, or

that it consists in his threatening that a contract (whether one to which he is a party or not) will be broken or its performance interfered with, or that he will induce another person to break a contract or interfere with its performance.

at or near his own place of work, or

if he is an official of a trade union, at or near the place of work of a member of the union whom he is accompanying and whom he represents,

otherwise than at any one place, or

at a place the location of which is such that attendance there for a purpose mentioned in subsection (1) is impracticable,

his last employment was terminated in connection with a trade dispute, or

the termination of his employment was one of the circumstances giving rise to a trade dispute,

an application for an injunction or interdict is made to a court in the absence of the party against whom it is sought or any representative of his, and

he claims, or in the opinion of the court would be likely to claim, that he acted in contemplation or furtherance of a trade dispute,

an application for an interlocutory injunction is made to a court pending the trial of an action, and

the party against whom it is sought claims that he acted in contemplation or furtherance of a trade dispute,

is employing, has employed or might employ a person who is not a member of a trade union, or

is failing, has failed or might fail to discriminate against such a person.

persons, or persons of any description, employed by him, or who apply to be, or are, considered by him for employment, or

the provision of employment for such persons,

to incorporate in a contract to which that person is a party, or a proposed contract to which he intends to be a party, a term or condition which is or would be void by virtue of section 144 (union membership requirement in contract for goods or services), or

to contravene section 145 (refusal to deal with person on grounds relating to union membership).

induces another to break a contract of employment or interferes or induces another to interfere with its performance, or

threatens that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance,

by a worker employed (or, in the case of a worker not in employment, last employed) by the employer party to the dispute, or

by a trade union official whose attendance is lawful by virtue of subsection (1)(b) of that section.

to incorporate in a contract to which that person is a party, or a proposed contract to which he intends to be a party, a term or condition which is or would be void by virtue of section 186 (recognition requirement in contract for goods or services), or

to contravene section 187 (refusal to deal with person on grounds of union exclusion).

it interferes with the supply (whether or not under a contract) of goods or services, or can reasonably be expected to have that effect, and

is not protected unless the industrial action has the support of a ballot, and

where section 226A falls to be complied with in relation to the person’s employer, is not protected as respects the employer unless the trade union has complied with section 226A in relation to him.

section 232A does not prevent the industrial action from being regarded as having the support of the ballot; and

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

industrial action shall be regarded as having the support of a ballot if the conditions specified in subsection (2) are satisfied, and

the trade union shall be taken to have complied with the requirements relating to a ballot imposed by section 226A if those requirements are complied with,

not later than the seventh day before the opening day of the ballot, the notice specified in subsection (2), and

not later than the third day before the opening day of the ballot, the sample voting paper specified in F11subsection (2F),

stating that the union intends to hold the ballot,

specifying the date which the union reasonably believes will be the opening day of the ballot, and

a list of the categories of employee to which the employees concerned belong, and

a list of the workplaces at which the employees concerned work.

the total number of employees concerned,

the number of the employees concerned in each of the categories in the list mentioned in subsection (2A)(a), and

the number of the employees concerned who work at each workplace in the list mentioned in subsection (2A)(b).

the total number of employees concerned,

the categories of employee to which the employees concerned belong and the number of the employees concerned in each of those categories, and

the workplaces at which the employees concerned work and the number of them who work at each of those workplaces.

in a document, whether in electronic form or any other form, and

in the possession or under the control of an officer or employee of the union.

a sample of the form of voting paper which is to be sent to the employees concerned, or

where the employees concerned are not all to be sent the same form of voting paper, a sample of each form of voting paper which is to be sent to any of them.

in relation to an employee who works at or from a single set of premises, those premises, and

in relation to any other employee, the premises with which his employment has the closest connection.

taking such steps as appear to him to be appropriate for the purpose of enabling him to make a report to the trade union (see section 231B); and

making the report as soon as reasonably practicable after the date of the ballot and, in any event, not later than the end of the period of four weeks beginning with that date.

he satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or is himself so specified; and

the trade union has no grounds for believing either that he will carry out the functions conferred on him under subsection (1) otherwise than competently or that his independence in relation to the union, or in relation to the ballot, might reasonably be called into question.

are entitled to vote by virtue of section 227, and

have that workplace.

if the person works at or from a single set of premises, those premises, and

in any other case, the premises with which the person’s employment has the closest connection.

according to the union’s reasonable belief have an occupation of a particular kind or have any of a number of particular kinds of occupation, and

are employed by a particular employer, or by any of a number of particular employers, with whom the union is in dispute.

if the dispute relates (wholly or partly) to a decision which the union reasonably believes the employer has made or will make concerning a matter specified in subsection (1)(a), (b) or (c) of section 244 (meaning of “trade dispute”), members whom the decision directly affects,

if the dispute relates (wholly or partly) to a matter specified in subsection (1)(d) of that section, members whom the matter directly affects,

if the dispute relates (wholly or partly) to a matter specified in subsection (1)(e) of that section, persons whose membership or non-membership is in dispute,

if the dispute relates (wholly or partly) to a matter specified in subsection (1)(f) of that section, officials of the union who have used or would use the facilities concerned in the dispute.

state the name of the independent scrutineer,

clearly specify the address to which, and the date by which, it is to be returned,

be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot, and

be marked with its number.

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;

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 industrial action short of a strike.

be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and

so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.

have a voting paper sent to him by post at his home address or any other address which he has requested the trade union in writing to treat as his postal address; and

be given a convenient opportunity to vote by post.

he will be employed in a ship either at sea or at a place outside Great Britain at some time in the period during which votes may be cast, and

it will be convenient for him to receive a voting paper and to vote while on the ship or while at a place where the ship is rather than in accordance with subsection (2).

have a voting paper made available to him while on the ship or while at a place where the ship is, and

be given an opportunity to vote while on the ship or while at a place where the ship is.

so far as is reasonably practicable, those voting do so in secret, and

the votes given in the ballot are fairly and accurately counted.

that there are no reasonable grounds for believing that there was any contravention of a requirement imposed by or under any enactment in relation to the ballot,

that the arrangements made with respect to the production, storage, distribution, return or other handling of the voting papers used in the ballot, and the arrangements for the counting of the votes, included all such security arrangements as were reasonably practicable for the purpose of minimising the risk that any unfairness or malpractice might occur, and

that he has been able to carry out the functions conferred on him under section 226B(1) without any interference from the trade union or any of its members, officials or employees;

any person entitled to vote in the ballot, or

the employer of any such person,

the references in sections 231 and 231A to persons entitled to vote in the ballot do not include overseas members, and

those sections shall be read as requiring the information mentioned in section 231 to distinguish between overseas members and other members.

where the ballot is one to which section 228(1) or (2) applies (workplace ballots) and his place of work is in Great Britain, or

where the ballot is one to which section 228(3) applies (general ballots) and relates to industrial action involving members both in Great Britain and in Northern Ireland.

in relation to a ballot there is a failure (or there are failures) to comply with a provision mentioned in subsection (2) or with more than one of those provisions, and

the failure is accidental and on a scale which is unlikely to affect the result of the ballot or, as the case may be, the failures are accidental and taken together are on a scale which is unlikely to affect the result of the ballot,

there must have been no call by the trade union to take part or continue to take part in industrial action to which the ballot relates, or any authorisation or endorsement by the union of any such industrial action, before the date of the ballot;

there must be a call for industrial action by a specified person, and industrial action to which it relates must F37begin, before the ballot ceases to be effective in accordance with section 234.

of four weeks, or

of such longer duration not exceeding eight weeks as is agreed between the union and the members’ employer.

by virtue of a court order which subsequently lapses or is discharged, recalled or set aside, or

by virtue of an undertaking given to a court by any person from which he is subsequently released or by which he ceases to be bound,

to the court by virtue of whose decision it ceases to have effect, or

where an order lapses or an undertaking ceases to bind without any such decision, to the court by which the order was made or to which the undertaking was given;

that the result of the ballot no longer represents the views of the union members concerned, or

that an event is likely to occur as a result of which those members would vote against industrial action if another ballot were to be held.

F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a list of the categories of employee to which the affected employees belong, and

a list of the workplaces at which the affected employees work.

the total number of the affected employees,

the number of the affected employees in each of the categories in the list mentioned in subsection (3A)(a), and

the number of the affected employees who work at each workplace in the list mentioned in subsection (3A)(b).

the total number of the affected employees,

the categories of employee to which the affected employees belong and the number of the affected employees in each of those categories, and

the workplaces at which the affected employees work and the number of them who work at each of those workplaces.

in a document, whether in electronic form or any other form, and

in the possession or under the control of an officer or employee of the union.

beginning with the day when the union satisfies the requirement of section 231A in relation to the ballot in respect of the industrial action, and

ending with the seventh day before the day, or before the first of the days, specified in the relevant notice.

where he is induced to take part or continue to take part in industrial action which the union intends to be discontinuous, if there is no participation by him in the industrial action on a day not so specified in consequence of any inducement by the union not covered by a relevant notice.

in relation to an employee who works at or from a single set of premises, those premises, and

in relation to any other employee, the premises with which his employment has the closest connection.

a union intends industrial action to be discontinuous if it intends it to take place only on some days on which there is an opportunity to take the action, and

a union intends industrial action to be continuous if it intends it to be not so restricted.

continuous industrial action which has been authorised or endorsed by a union ceases to be so authorised or endorsed F46otherwise than to enable the union to comply with a court order or an undertaking given to a court, and

the industrial action has at a later date again been authorised or endorsed by the union (whether as continuous or discontinuous action),

a union agrees with an employer, before industrial action ceases to be authorised or endorsed, that it will cease to be authorised or endorsed with effect from a date specified in the agreement (“the suspension date") and that it may again be authorised or endorsed with effect from a date not earlier than a date specified in the agreement (“the resumption date"),

the action ceases to be authorised or endorsed with effect from the suspension date, and

the action is again authorised or endorsed with effect from a date which is not earlier than the resumption date or such later date as may be agreed between the union and the employer.

any trade union or other person has done, or is likely to do, an unlawful act to induce any person to take part, or to continue to take part, in industrial action, and

if it is actionable in tort by any one or more persons, or

(where it is or would be the act of a trade union) if it could form the basis of an application by a member under section 62.

that no, or no further, act is done by him to induce any persons to take part or to continue to take part in the industrial action, and

that no person engages in conduct after the making of the order by virtue of having been induced by him before the making of the order to take part or continue to take part in the industrial action.

section F5898B, 99, 100, 101A(d), 103 F59, 103A or 104C of the Employment Rights Act 1996 (dismissal in F60jury service, family, health and safety, working time, employee representative F61, protected disclosure and flexible working cases),

section 104 of that Act in its application in relation to time off under section 57A of that Act (dependants);F62; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal

he is a member of a trade union and the action is authorised or endorsed by that union, or

he is not a member of a trade union but there are among those taking part in the industrial action members of a trade union by which the action has been authorised or endorsed.

where the employee’s contract of employment is terminated by notice, when the notice is given,

where the employee’s contract of employment is terminated without notice, when the termination takes effect, and

where the employee is employed under a contract for a fixed term which expires without being renewed under the same contract, when that term expires;

the employer was conducting or instituting a lock-out, or

the complainant was taking part in a strike or other industrial action.

that one or more relevant employees of the same employer have not been dismissed, or

that a relevant employee has before the expiry of the period of three months beginning with the date of his dismissal been offered re-engagement and that the complainant has not been offered re-engagement.

section F6698B, 99, 100, 101A(d) F67, 103 or 104C of the Employment Rights Act 1996 (dismissal in F68jury service, family, health and safety, working time F69, employee representative and flexible working cases),

section 104 of that Act in its application in relation to time off under section 57A of that Act (dependants);F70; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal

in relation to a lock-out, employees who were directly interested in the dispute in contemplation or furtherance of which the lock-out occurred, and

in relation to a strike or other industrial action, those employees at the establishment of the employer at or from which the complainant works who at the date of his dismissal were taking part in the action.

where the employee’s contract of employment was terminated by notice, the date on which the employer’s notice was given, and

in any other case, the effective date of termination.

the reason (or, if more than one, the principal reason) for the dismissal is that the employee took protected industrial action, and

subsection (3), (4) or (5) applies to the dismissal.

F75the date of the dismissal is after the end of that period, and

the employee had stopped taking protected industrial action before the end of that period.

F76the date of the dismissal is after the end of that period,

the employee had not stopped taking protected industrial action before the end of that period, and

the employer had not taken such procedural steps as would have been reasonable for the purposes of resolving the dispute to which the protected industrial action relates.

whether the employer or a union had complied with procedures established by any applicable collective or other agreement;

whether the employer or a union offered or agreed to commence or resume negotiations after the start of the protected industrial action;

whether the employer or a union unreasonably refused, after the start of the protected industrial action, a request that conciliation services be used;

whether the employer or a union unreasonably refused, after the start of the protected industrial action, a request that mediation services be used in relation to procedures to be adopted for the purposes of resolving the dispute.

where there was agreement to use either of the services mentioned in paragraphs (c) and (d), the matters specified in section 238B.

in relation to a union, a person who is responsible for handling on the union’s behalf the matter subject to conciliation or mediation.

notes taken by or on behalf of the service provider shall not be admissible in evidence;

the service provider must refuse to give evidence as to anything communicated to him in connection with the performance of his functions as a conciliator or mediator if, in his opinion, to give the evidence would involve his making a damaging disclosure; and

the service provider may refuse to give evidence as to whether, for the purposes of subsection (5), a particular question was or was not a reasonable one.

a disclosure of information which is commercially sensitive, or

a disclosure of information that has not previously been disclosed which relates to a position taken by a party using the conciliation or mediation service on the settlement of the matter subject to conciliation or mediation,

before the end of the period of six months beginning with the date of the complainant’s dismissal (as defined by section 238(5)), or

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.

F86sections 98 to 106 of the Employment Rights Act 1996, and

sections 152 and 153 of this Act,

no order shall be made under section 113 of the 1996 Act (reinstatement or re-engagement) until after the conclusion of protected industrial action by any employee in relation to the relevant dispute,

regulations under section 7 of the Employment Tribunals Act 1996 may make provision about the adjournment and renewal of applications (including provision requiring adjournment in specified circumstances), and

regulations under section 9 of that Act may require a pre-hearing review to be carried out in specified circumstances.

to endanger human life or cause serious bodily injury, or

to expose valuable property, whether real or personal, to destruction or serious injury.

uses violence to or intimidates that person or his F89spouse or civil partner or children, or injures his property,

persistently follows that person about from place to place,

hides any tools, clothes or other property owned or used by that person, or deprives him of or hinders him in the use thereof,

watches or besets the house or other place where that person resides, works, carries on business or happens to be, or the approach to any such house or place, or

follows that person with two or more other persons in a disorderly manner in or through any street or road.

exempts from punishment a person guilty of a conspiracy for which a punishment is awarded by an Act of Parliament, or

affects the law relating to riot, unlawful assembly, breach of the peace, or sedition or any offence against the State or the Sovereign.

terms and conditions of employment, or the physical conditions in which any workers are required to work;

engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;

allocation of work or the duties of employment between workers or groups of workers;

matters of discipline;

a worker’s membership or non-membership of a trade union;

facilities for officials of trade unions; and

machinery for negotiation or consultation, and other procedures, relating to any of the above matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in such negotiation or consultation or in the carrying out of such procedures.

have been referred for consideration by a joint body on which, by virtue of provision made by or under any enactment, he is represented, or

cannot be settled without him exercising a power conferred on him by or under an enactment.