OpenLegislation

Section 227 Entitlement to vote in ballot.C1

England, Wales and Scotland

(1)

Entitlement to vote in the ballot must be accorded equally to all the members of the trade union who it is reasonable at the time of the ballot for the union to believe will be induced F1by the union to take part or, as the case may be, to continue to take part in the industrial action in question, and to no others.

F2(2)

The requirement in subsection (1) shall be taken not to have been satisfied if any person who was a member of the trade union at the time when the ballot was held and was denied entitlement to vote in the ballot is induced by the union to take part or, as the case may be, to continue to take part in the industrial action.

Annotations

Textual amendments

F1

Words in s. 227(1) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 23, 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F2

S. 227(2) omitted (18.9.2000 and repealed prosp.) by virtue of 1999 c. 26, ss. 4, 44, 45, Sch. 3 paras. 1, 4, Sch. 9(1); S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)

Modifications

C1

S. 227 applied by S.I. 2000/1828, art. 2(5)(b)

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)