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Your right to an industrial action ballot

Your trade union is not allowed to ask any of its members to take part, or continue taking part, in industrial action unless it has held a 'properly conducted secret ballot'. A ballot is the name given to the process of voting.

The trade union can only call on members to take industrial action where the majority of those who voted answered ‘yes’ to taking the action.

Carrying out industrial action ballots

Industrial action ballots need to be carried out correctly (properly conducted). An industrial action ballot is properly conducted if:

• it is subject to scrutiny by a qualified independent person appointed by the trade union (this is not needed if the number of members entitled to vote is 50 or fewer)
• it was held before the trade union asked its members to take, or continue taking, industrial action
• the right to vote is given to all members the trade union intends to ask to take part in the industrial action
• it is conducted by marking a voting paper
• voting is by post
• the voting paper includes information about the voting process (eg what you are voting on and where to send your paper)
• as soon as the trade union can, after holding the ballot, it tells everyone entitled to vote how many votes were cast and the number of 'yes' votes, 'no' votes and spoiled voting papers

The voting paper must also ask those members to answer ‘yes’ or ‘no’ to whether they are prepared to take part in either:

• a strike
• industrial action other than a strike
• both of these

The ‘Code of Practice on industrial action ballots and notice to employers’ sets out all the rules on industrial action ballots.

• Trade union ballots

• 'Code of Practice on industrial action ballot and notice to employers' Opens new window

Industrial action and your employment rights

If the industrial action you are taking has been properly balloted and is otherwise lawfully organised by your trade union, you will usually be protected from being dismissed for taking part. You normally have no right to be paid, and your employer is unlikely to pay you for the period you take action for.

Complaining about trade union ballots

A properly conducted ballot gives you the choice to take part in or continue with industrial action. You have the right to apply for a court order if your trade union asks you to take action without one. You are advised to take legal advice before applying to the court.

The court might be prepared to grant a temporary injunction against the trade union if the court cannot hear your case straight away. A temporary injunction forbids the trade union from organising the industrial action you are complaining about until the case has been heard.

If the court is satisfied that no ballot was held, or was not conducted properly, it may make an order against the trade union. The order can prevent the trade union from organising industrial action or stop the industrial action.

If the trade union does not do what the order requires, you have the right to apply to the court to ask for the trade union to be declared in contempt of court.

Other industrial action ballots

Sometimes, trade unions ballot their members about ending industrial action after it has begun, or about offers made by the employer to end the dispute in question. Those ballots are not a statutory requirement, and are for trade unions to decide whether to arrange or not, in-line with their rules.

Trade unions sometimes hold ‘consultative’ or ‘indicative’ ballots asking members whether they might be prepared to take industrial action about a particular issue. Trade unions are free to hold these ballots in-line with their rules. However, the trade union will need to hold a further legal ballot if they wish to proceed with any industrial action.

Useful contacts

• Acas (Advisory, Conciliation and Arbitration Service)

• Citizens Advice Bureau

• Jobcentre Plus

• businesslink.gov.uk Opens new window

• More useful contacts