Section 228 Separate workplace ballots.F1C1
England, Wales and Scotland
Subject to subsection (2), this section applies if the members entitled to vote in a ballot by virtue of section 227 do not all have the same workplace.
This section does not apply if the union reasonably believes that all those members have the same workplace.
Subject to section 228A, a separate ballot shall be held for each workplace; and entitlement to vote in each ballot shall be accorded equally to, and restricted to, members of the union who—
are entitled to vote by virtue of section 227, and
have that workplace.
In this section and section 228A “workplace” in relation to a person who is employed means—
if the person works at or from a single set of premises, those premises, and
in any other case, the premises with which the person’s employment has the closest connection.
Annotations
Textual amendments
- F1
Ss. 228, 228A substituted for s. 228 (18.9.2000) by 1999 c. 26, s. 4, Sch. 3 paras. 1, 5; S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)
Modifications
- C1
S. 228 applied (14.8.2000) by S.I. 2000/1828, art. 2(5)
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)