Part V Industrial action
Requirement of ballot before action by trade union
C1232 Balloting of overseas members.
1
A trade union which has overseas members may choose whether or not to accord any of those members entitlement to vote in a ballot; and nothing in section F1226B to 230 and 231B applies in relation to an overseas member or a vote cast by such a member.
F22
Where overseas members have voted in the ballot—
a
the references in sections 231 and 231A to persons entitled to vote in the ballot do not include overseas members, and
b
those sections shall be read as requiring the information mentioned in section 231 to distinguish between overseas members and other members.
3
An “overseas member” of a trade union means a member (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast.
For this purpose—
“merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships; and
“offshore worker” means a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies.
4
A member who throughout the period during which votes may be cast is in Northern Ireland shall not be treated as an overseas member—
a
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
b
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.
5
In relation to offshore employment the references in subsection (4) to Northern Ireland include any area where the law of Northern Ireland applies and the references to Great Britain include any area where the law of England and Wales or Scotland applies.