Trade Union and Labour Relations (Consolidation) Act 1992

230 Conduct of ballot. E+W+S

(1) Every person who is entitled to vote in the ballot must—

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

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

(2) So far as is reasonably practicable, every person who is entitled to vote in the ballot must—

(a) be supplied with a voting paper, or

(b) have one made available to him immediately before, immediately after, or during his working hours, at his place of work or at a place which is more convenient for him.

(3) So far as reasonably practicable, every person who is entitled to vote in the ballot must be given either—

(a) a convenient opportunity to vote by post, or

(b) an opportunity to vote immediately before, immediately after, or during, his working hours at his place of work or at a place which is more convenient for him,

or, as alternatives, both of those opportunities.

No opportunity to vote shall be given except as mentioned above.

(4) A ballot shall be conducted so as to secure that—

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

(b) the votes given in the ballot are fairly and accurately counted.

For the purposes of paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the ballot.