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Part VE+W+S Industrial action

Requirement of ballot before action by trade unionE+W+S

[F1228 Separate workplace ballots.E+W+S

(1)Subject to subsection (2), this section applies if the members entitled to vote in a ballot by virtue of section 227 do not all have the same workplace.

(2)This section does not apply if the union reasonably believes that all those members have the same workplace.

(3)Subject to section 228A, a separate ballot shall be held for each workplace; and entitlement to vote in each ballot shall be accorded equally to, and restricted to, members of the union who—

(a)are entitled to vote by virtue of section 227, and

(b)have that workplace.

(4)In this section and section 228A “workplace” in relation to a person who is employed means—

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

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

Textual Amendments

F1Ss. 228, 228A substituted for s. 228 (18.9.2000) by 1999 c. 26, s. 4, Sch. 3 paras. 1, 5; S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)

Modifications etc. (not altering text)

C1S. 228 applied (14.8.2000) by S.I. 2000/1828, art. 2(5)