Section 229 Postal voting and workplace voting: voting paperF10C1
England, Wales and Scotland
This section sets out requirements that apply in relation to the voting paper for a ballot for which either or both of the following are selected means of voting—
postal voting;
workplace voting.
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Each voting paper must—
state the name of the independent scrutineer,
F4where it is produced for the purpose of voting in accordance with section 230 (postal voting: conduct of ballot), clearly specify the address to which, and the date by which, it is to be returned,
be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot, and
be marked with its number.
This subsection, in its application to a ballot in which merchant seamen to whom section 230(2A) applies are entitled to vote, shall have effect with the substitution, for the reference to the address to which the voting paper is to be returned, of a reference to the ship to which the seamen belong.
The voting paper must contain at least one of the following questions—
a question (however framed) which requires the person answering it to say, by answering “Yes" or “No", whether he is prepared to take part or, as the case may be, to continue to take part in a strike;
a question (however framed) which requires the person answering it to say, by answering “Yes" or “No", whether he is prepared to take part or, as the case may be, to continue to take part in industrial action short of a strike.
For the purposes of subsection (2) an overtime ban and a call-out ban constitute industrial action short of a strike.
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The voting paper must specify who, in the event of a vote in favour of industrial action, is authorised for the purposes of section 233 to call upon members to take part or continue to take part in the industrial action.
The person or description of persons so specified need not be authorised under the rules of the union but must be within section F720(2) (persons for whose acts the union is taken to be responsible).
The following statement must (without being qualified or commented upon by anything else on the voting paper) appear on every voting paper—
“If you take part in a strike or other industrial action, you may be in breach of your contract of employment."
Annotations
Textual amendments
- F1
S. 229(A1) 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(8)(b) (with art. 10)
- F2
S. 229(1) 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(8)(c) (with art. 10)
- F3
S. 229(1A) inserted (30.8.1993) by 1993 c. 19, s. 20(2); S.I. 1993/1908, art. 2(1), Sch. 1
- F4
Words in s. 229(1A)(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(8)(d) (with art. 10)
- F5
S. 229(2A) inserted (18.9.2000) by 1999 c. 26, ss. 4, 45, Sch. 3 paras. 1, 6(1)(2); S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)
- F6
S. 229(2B)-(2D) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 71(1), 159(2)(h) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 8)
- F7
Words in s. 229(3) substituted (30.8.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 25; S.I. 1993/1908, art. 2(1), Sch. 1
- F8
Words in s. 229(4) inserted (18.9.2000) by 1999 c. 26, ss. 4, 45, Sch. 3 paras. 1, 6(1)(3); S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)
- F9
Words in s. 229(4) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 77(2), 159(3); S.I. 2026/3, reg. 3(8) (with transitional provisions and savings in Sch. 2 para. 11)
- F10
S. 229 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(8)(a) (with art. 10)
Modifications
- C1
S. 229 applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(a)
Notes on Postal voting and workplace voting
Textual amendments
- F1
S. 229 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(7) (with art. 10)