Section 226 Requirement of ballot before action by trade union.C1

England, Wales and Scotland

(1)

An act done by a trade union to induce a person to take part, or continue to take part, in industrial action F1—

(a)

is not protected unless the industrial action has the support of a ballot, and

(b)

where section 226A falls to be complied with in relation to the person’s employer, is not protected as respects the employer unless the trade union has complied with section 226A in relation to him.

F2In this section “the relevant time”, in relation to an act by a trade union to induce a person to take part, or continue to take part, in industrial action, means the time at which proceedings are commenced in respect of the act.

(2)

Industrial action shall be regarded as having the support of a ballot only if—

F3(a)

the union has held a ballot in respect of the action—

(F4ai)

in relation to which the requirements of section 226ZA were satisfied,

(i)

in relation to which the requirements of section 226B so far as applicable before and during the holding of the ballot were satisfied,

(ii)

in relation to which the requirements of sections 227 to F5231 F6and Schedule A1A, so far as applicable were satisfied,F7...

(F8iia)

in which at least 50% of those who were entitled to vote in the ballot did so, and

(iii)

in which F9the majority voting in the ballot answered “Yes" to the question applicable in accordance with section 229(2) to industrial action of the kind to which the act of inducement relates;

(b)

such of the requirements of the following sections as have fallen to be satisfied at the relevant time have been satisfied, namely—

(i)

section 226B so far as applicable after the holding of the ballot, and

(ii)

section 231B; F10. . .

(F11bb)

section 232A does not prevent the industrial action from being regarded as having the support of the ballot; and

(c)

the requirements of section 233 (calling of industrial action with support of ballot) are satisfied.

Any reference in this subsection to a requirement of a provision which is disapplied or modified by section 232 has effect subject to that section.

F12(2A)

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(2B)

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(2C)

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(2D)

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(2E)

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(2EA)

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(2F)

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(3)

Where separate workplace ballots are held by virtue of F13section 228(1)—

(a)

industrial action shall be regarded as having the support of a ballot if the conditions specified in subsection (2) are satisfied, and

(b)

the trade union shall be taken to have complied with the requirements relating to a ballot imposed by section 226A if those requirements are complied with,

in relation to the ballot for the place of work of the person induced to take part, or continue to take part, in the industrial action.

F14(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.

(4)

For the purposes of this section an inducement, in relation to a person, includes an inducement which is or would be ineffective, whether because of his unwillingness to be influenced by it or for any other reason.

Annotations

Textual amendments

F1: S. 226(1)(a)(b) substituted (30.8.1993) for words by 1993 c. 19, s. 18(1); S.I. 1993/1908, art. 2(1), Sch. 1
F2: Words in s. 226(1) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 73(a); S.I. 1993/1908, art. 2(1), Sch. 1
F3: S. 226(2)(a)-(c) and proviso substituted (30.8.1993) for s. 226(2)(a)-(c) by 1993 c. 19, s. 49(2), Sch. 8 para. 73(b); S.I. 1993/1908, art. 2(1), Sch. 1
F4: S. 226(2)(a)(ai) inserted (25.8.2026) by The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 7(2)(a) (with art. 10)
F5: Words in s. 226(2)(a)(ii) substituted (18.9.2000) by 1999 c. 26, s. 4, Sch. 3 paras. 1, 2(1)(2); S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)
F6: Words in s. 226(2)(a)(ii) inserted (25.8.2026) by The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 7(2)(b) (with art. 10)
F7: Word in s. 226(2)(a)(ii) omitted (1.3.2017) by virtue of Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 12; S.I. 2017/139, reg. 2(n)(i)
F8: S. 226(2)(a)(iia) inserted (1.3.2017) by Trade Union Act 2016 (c. 15), ss. 2(1), 25(1) (with s. 2(2)); S.I. 2017/139, reg. 2(a)
F9: Words in s. 226(2)(a)(iii) substituted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 69(2)(a), 159(2)(f) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 7)
F10: Words in s. 226(2)(b) omitted (18.9.2000) by virtue of 1999 c. 26, ss. 44, 45(1), Sch. 3 paras. 1, 2(2), Sch. 9(1); S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)
F11: S. 226(2)(bb) inserted (18.9.2000) by 1999 c. 26, s. 4, Sch. 3 paras. 1, 2(1)(2); S.I. 2000/2242, art. 2(2) (with transtitional provisions in s. 4)
F12: S. 226(2A)-(2F) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 69(2)(b), 159(2)(f) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 7)
F13: Words in s. 226(3) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 73(c); S.I. 1993/1908, art. 2(1), Sch. 1
F14: S. 226(3A) inserted (18.9.2000) by 1999 c. 26, ss. 4, Sch. 3 paras. 1, 2(1)(3) (with transitional provisions in art. 4)

Modifications

C1: S. 226 applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(c)