# Trade Union Act 1984 (repealed 16.10.1992), Section 10: Industrial action authorised or endorsed by trade union without support of a ballot.

Extent: E+W+S

(1) An act done by a trade union to induce a person to take part, or continue to take part, in industrial action is not within section 13 of the 1974 Act (protection from certain liabilities in tort) unless the industrial action has the support of a ballot.
(3) For the purposes of subsection (1) above, industrial action shall be regarded as having the support of a ballot if, but only if—
(a) the trade union has held a ballot in respect of the industrial action in question;
(b) the majority of those voting in the ballot have answered “Yes” to the appropriate question;
(c) the requirements of section 7 of the Employment Act 1990 are satisfied;
(d) section 11 of this Act has been satisfied in relation to the ballot.
(3A) Where—
(a) any person has been induced to take part, or continue to take part, in industrial action; and
(b) separate ballots have been held by virtue of section 11(1A) of this Act in relation to the industrial action,
then subsection (3) above shall be construed, in relation to the inducement . . . , as making provision which, in the case of paragraph (b) of that subsection, requires only that the majority voting in the ballot for that person’s place of work have answered “Yes” to the appropriate question and, in the case of paragraphs (c) and (d), does not impose any requirements in relation to any other ballot.
(4) Subject to subsection (4A) below, in this section and section 11 of this Act references to the appropriate question are references to whichever of the questions set out in subsection (4) of section 11 of this Act is applicable to the . . . industrial action in question.
(4A) Where both the questions mentioned in subsection (4) above are applicable in relation to any industrial action, an act . . . such as is mentioned in subsection (1) above shall be treated as an act for the purposes of which the requirement of paragraph (b) of subsection (3) above is satisfied if but only if that paragraph (or, as the case may be, that paragraph as it has effect by virtue of subsection (3A) above) is satisfied in relation to the question applicable to that part of the action to which the act relates.
(5) In this Part—
“the 1974 Act” means the Trade Union and Labour Relations Act 1974;
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“the date of the ballot” means, in the case of a ballot in which votes may be cast on more than one day, the last of those days;
“place of work”, in relation to any person who is employed, means the premises occupied by his employer at or from which that person works or, where he does not work at or from any such premises or works at or from more than one set of premises, the premises occupied by his employer with which his employment has the closest connection;
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“trade union” has the same meaning as it has in the 1974 Act by virtue of section 28;
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Source: https://www.legislation.gov.uk/ukpga/1984/49/section/10 (the official version)
Page: https://openlegislation.uk/trade-union-act-1984-repealed-16101992/section-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.