SCHEDULE 3 Ballots and Notices
Employment Relations Act 1999 (1999 c 26) | Legislation

SCHEDULE 3 Ballots and Notices

Section 4

Introduction

1

The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as provided by this Schedule.

Support of ballot

2

(1)     Section 226 (requirement of ballot before action by trade union) shall be amended as follows.

(2)     In subsection (2) (industrial action to be regarded as having support of ballot only if certain conditions are fulfilled) in paragraph (a)(ii) for “231A†substitute “231â€, omit the word “and†at the end of paragraph (b), and after paragraph (b) insert—

“(bb)     section 232A does not prevent the industrial action from being regarded as having the support of the ballot; andâ€.

(3)     After subsection (3) insert—

“(3A)     If the requirements of section 231A fall to be satisfied in relation to an employer, as respects that employer industrial action shall not be regarded as having the support of a ballot unless those requirements are satisfied in relation to that employer.â€

Documents for employers

3

(1)     Section 226A (notice of ballot and sample voting paper for employers) shall be amended as follows.

(2)     In subsection (2)(c) (notice of ballot must describe employees entitled to vote) for “describing (so

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