Section 233 Calling of industrial action with support of ballot.C1

England, Wales and Scotland

F1(1)

Industrial action shall be regarded as having the support of a ballot only if—

(a)

it is called by a person specified or of a description specified in F2all of the voting materials for the ballot in accordance with section 229(3) F3or paragraph 3(4) or 16(2) of Schedule A1A, and

(b)

there was no call by the trade union to take part or continue to take part in industrial action to which the ballot relates, or any authorisation or endorsement by the union of any such industrial action, before the date of the ballot.

(4)

For the purposes of this section a call shall be taken to have been made by a trade union if it was authorised or endorsed by the union; and the provisions of section 20(2) to (4) apply for the purpose of determining whether a call, or industrial action, is to be taken to have been so authorised or endorsed.

F4(5)

In this section “voting materials” means such of the following as are relevant—

(a)

voting papers;

(b)

electronic voting forms.

Annotations

Textual amendments

F1: S. 233(1) substituted for s. 233(1)-(3) (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 13 (with s. 9(2)); S.I. 2017/139, reg. 2(n)(i)
F2: Words in s. 233(1)(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(16)(a)(i) (with art. 10)
F3: Words in s. 233(1)(a) 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(16)(a)(ii) (with art. 10)
F4: S. 233(5) 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(16)(b) (with art. 10)

Modifications

C1: s. 233 applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(c)