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?

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:

    1. a list of categories of employees to be balloted, their workplaces and figures showing the total number of employees concerned, the number in each category and at each workplace, or

    1. where DOCAS (check off) deductions are made by the employer, the same information or such information that will allow the employer to ascertain that information

Additionally, a sample voting paper should be provided to the employer not later than the third day before the opening

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