Section 79 Remedy for failure to comply with ballot rules: general.
United Kingdom
A person alleging that a trade union—
has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or
has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,
may apply for a declaration under section 80 (by the Certification Officer) or section 81 (by the court) F2....
An application under F3section 80 or 81 may be made only by a person who is a member of the trade union and, where the ballot has been held, was a member at the time when it was held.
References in section 80 or 81 to a person having a sufficient interest are to such a person.
No such application may be made after the end of the period of one year beginning with the day on which the union announced the result of the ballot.
Annotations
Textual amendments
- F1
S. 79(1) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 5(2); S.I. 2021/1373, reg. 4(b) (with reg. 11)
- F2
Words in s. 79(1) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 83(6), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16)
- F3
Words in s. 79(2) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 5(3); S.I. 2021/1373, reg. 4(b) (with reg. 11)
Notes on Failure to comply with ballot rules
Textual amendments
- F1
S. 79 cross-heading inserted (E.W.S.) (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), 4(6) (with art. 10)