Section 228B Conduct of ballotF1

(1)

Every person who is entitled to vote in the ballot must—

(a)

be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and

(b)

so far as is reasonably practicable, be enabled to do so without incurring any direct cost to themselves.

(2)

Subsection (1)(b) does not apply in relation to voting at an off-site location (within the meaning of section 230F(6)).

(3)

So far as is reasonably practicable, every person who is entitled to vote in the ballot must be given a convenient opportunity to vote.

(4)

A ballot must be conducted so as to secure that—

(a)

so far as is reasonably practicable, those voting do so in secret, and

(b)

the votes given in the ballot are fairly and accurately counted.

For the purposes of paragraph (b) an inaccuracy in counting must be disregarded if it is accidental and on a scale which could not affect the result of the ballot.

Annotations

Textual amendments

F1: Ss. 228B, 228C 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(7) (with art. 10)

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)