Q&As

Where an employer receives notification of a ballot on industrial action, are they able to contact their employees, the union members, to provide their side of the issue?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 11/09/2020

The following Employment Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where an employer receives notification of a ballot on industrial action, are they able to contact their employees, the union members, to provide their side of the issue?

The Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) contains provisions relating to industrial action. The statutory requirements relating to ballots are contained in TULR(C)A 1992, ss 226–232A and 234A. By TULR(C)A 1992, s 226A, the union must take such steps as are reasonably necessary to ensure that the employer receives written notice of the ballot not later than the seventh day before the intended opening day of the ballot.

The notice must:

  1. state that the union intends to hold the ballot

  2. specify the date which the union reasonably believes will be the opening day of the ballot, and

  3. contain either:

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