Part V Industrial action
Requirement of ballot before action by trade union
C1226AF1Notice of ballot and sample voting paper for employers.
1
The trade union must take such steps as are reasonably necessary to ensure that—
a
not later than the seventh day before the opening day of the ballot, the notice specified in subsection (2), and
b
not later than the third day before the opening day of the ballot, the sample voting paper specified in subsection (3),
is received by every person who it is reasonable for the union to believe (at the latest time when steps could be taken to comply with paragraph (a)) will be the employer of persons who will be entitled to vote in the ballot.
2
The notice referred to in paragraph (a) of subsection (1) is a notice in writing—
a
stating that the union intends to hold the ballot,
b
specifying the date which the union reasonably believes will be the opening day of the ballot, and
c
F2containing such information in the union’s possession as would help the employer to make plans and bring information to the attention of those of his employees who it is reasonable for the union to believe (at the time when the steps to comply with that paragraph are taken) will be entitled to vote in the ballot.
3
The sample voting paper referred to in paragraph (b) of subsection (1) is—
a
a sample of the form of voting paper which is to be sent to the employees who it is reasonable for the trade union to believe (at the time when the steps to comply with paragraph (a) of that subsection are taken) will be entitled to vote in the ballot, or
b
where they 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.
F33A
These rules apply for the purposes of paragraph (c) of subsection (2)—
a
if the union possesses information as to the number, category or work-place of the employees concerned, a notice must contain that information (at least);
b
if a notice does not name any employees, that fact shall not be a ground for holding that it does not comply with paragraph (c) of subsection (2).
3B
In subsection (3) references to employees are to employees of the employer concerned.
4
In this section references to the opening day of the ballot are references to the first day when a voting paper is sent to any person entitled to vote in the ballot.
5
This section, in its application to a ballot in which merchant seamen to whom section 230(2A) applies are entitled to vote, shall have effect with the substitution in subsection (3), for references to the voting paper which is to be sent to the employees, of references to the voting paper which is to be sent or otherwise provided to them.