OpenLegislation

Section 226A Notice of ballot and sample voting materials for employers.F1F21C1

England, Wales and Scotland

(1)

The trade union must take such steps as are reasonably necessary to ensure that—

(a)

not later than the seventh day before the opening day of the ballot, the notice specified in subsection (2), and

(b)

not later than the third day before the opening day of the ballot, the sample F2voting materials specified in F3subsection (2F),

is received by every person who it is reasonable for the union to believe (at the latest time when steps could be taken to comply with paragraph (a)) will be the employer of persons who will be entitled to vote in the ballot.

(2)

The notice referred to in paragraph (a) of subsection (1) is a notice in writing—

(a)

stating that the union intends to hold the ballot,

(b)

specifying the date which the union reasonably believes will be the opening day of the ballot, and

(F4c)

containing—

(i)

the lists mentioned in subsection (2A) and the F5number mentioned in subsection (2B), or

(ii)

where some or all of the employees concerned are employees from whose wages the employer makes deductions representing payments to the union, either those lists and F6that number or the information mentioned in subsection (2C).

(F72A)

The lists are—

(a)

a list of the categories of employee to which the employees concerned belong, and

(b)

a list of the workplaces at which the employees concerned work.

(F82B)

The number is the total number of employees concerned.

(2C)

The information referred to in subsection (2)(c)(ii) is such information as will enable the employer readily to deduce—

(a)

the total number of employees concerned,

(b)

the categories of employee to which the employees concerned belong F9..., and

(c)

the workplaces at which the employees concerned work F10....

(2D)

The lists and F11the number supplied under this section, or the information mentioned in subsection (2C) that is so supplied, must be as accurate as is reasonably practicable in the light of the information in the possession of the union at the time when it complies with subsection (1)(a).

(2E)

For the purposes of subsection (2D) information is in the possession of the union if it is held, for union purposes—

(a)

in a document, whether in electronic form or any other form, and

(b)

in the possession or under the control of an officer or employee of the union.

(2F)

The sample F12voting materials referred to in paragraph (b) of subsection (1) F13are—

(F14a)

a sample of the form of either or both of the following, as applicable—

(i)

the voting paper which is to be sent or otherwise provided to the employees concerned;

(ii)

the electronic voting form which is to be used for the ballot, or

(b)

where the employees concerned are not all to be sent F15or otherwise provided with the same form of F16voting materials, a sample of each form of voting materials which is to be sent F17or otherwise provided to any of them.

(2G)

Nothing in this section requires a union to supply an employer with the names of the employees concerned.

(2H)

In this section references to the “employees concerned” are references to those employees of the employer in question who the union reasonably believes will be entitled to vote in the ballot.

((2I))

For the purposes of this section, the workplace at which an employee works is—

(a)

in relation to an employee who works at or from a single set of premises, those premises, and

(b)

in relation to any other employee, the premises with which his employment has the closest connection.

F18(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In this section references to the opening day of the ballot are references to F19the earlier of the following, so far as applicable—

(a)

the first day when a voting paper is sent or otherwise provided to any person entitled to vote in the ballot;

(b)

the first day when a voting access method is sent to any person entitled to vote in the ballot.

F20(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 226A inserted (30.8.1993) by 1993 c. 19, s. 18(2); S.I. 1993/1908, art. 2(1), Sch. 1

F2

Words in s. 226A(1)(b) substituted (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(4)(b) (with art. 10)

F3

Words in s. 226A(1)(b) substituted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 22(2), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

F4

S. 226A(2)(c) substituted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 22(3), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

F5

Words in s. 226A(2)(c)(i) substituted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 70(a)(i), 159(2)(g)

F6

Words in s. 226A(2)(c)(ii) substituted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 70(a)(ii), 159(2)(g)

F7

S. 226A(2A)-(2I) inserted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 22(4), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)

F8

S. 226A(2B) substituted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 70(b), 159(2)(g)

F9

Words in s. 226A(2C)(b) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 70(c)(i), 159(2)(g)

F10

Words in s. 226A(2C)(c) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 70(c)(ii), 159(2)(g)

F11

Words in s. 226A(2D) substituted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 70(d), 159(2)(g)

F12

Words in s. 226A(2F) substituted (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(4)(c)(i) (with art. 10)

F13

Word in s. 226A(2F) substituted (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(4)(c)(ii) (with art. 10)

F14

S. 226A(2F)(a) substituted (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(4)(c)(iii) (with art. 10)

F15

Words in s. 226A(2F)(b) 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(4)(c)(iv) (with art. 10)

F16

Words in s. 226A(2F)(b) substituted (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(4)(c)(v) (with art. 10)

F17

Words in s. 226A(2F)(b) inserted (25.8.2026) by virtue of The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 7(4)(c)(vi) (with art. 10)

F18

S. 226A(3)-(3B) repealed (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 22(5), 57(2), 59(2)-(4), Sch. 2; S.I. 2005/2419, art. 3(a)(c) (with arts. 5-7)

F19

Words in s. 226A(4) substituted (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(4)(d) (with art. 10)

F20

S. 226A(5) omitted (25.8.2026) by virtue of The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 7(4)(e) (with art. 10)

F21

Words in s. 226A heading substituted (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(4)(a) (with art. 10)

Modifications

C1

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

Notes on Determination of means of voting

Textual amendments

F1

S. 226ZA and cross-heading 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(3) (with art. 10)