Balloting for and employer notification of industrial action
Balloting for and employer notification of industrial action

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Balloting for and employer notification of industrial action
  • Balloting
  • Before the ballot
  • Conduct of the ballot
  • Ballot participation and support thresholds
  • After the ballot
  • Calling industrial action
  • When industrial action has the support of a ballot
  • When a fresh ballot is required
  • Employer notification of industrial action

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

In order to have statutory immunity from tortious liability, some acts by a trade union will have to satisfy both the more general statutory conditions (see Practice Note: The right to take industrial action—Statutory immunity from liability), and also the various specific statutory requirements relating to:

  1. balloting (see: Balloting below)

  2. calling industrial action (see: Calling industrial action below), and

  3. employer notification of industrial action (see: Employer notification of industrial action below)

The Secretary of State issued a Code of Practice on Industrial Action Ballots and Notice to Employers in 2005. It provides guidance on good practice in the conduct of industrial action ballots and was revised with effect from 1 March 2017 to take into account the changes introduced by the Trade Union Act 2016 (TUA 2016). The Code is not legally binding but it is admissible as evidence and relevant provisions

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