lexiara

Section 230G

TULRCA 1992

Before the ballot takes place, an agreement in writing must be made between the trade union and the employer of persons eligible to vote by workplace voting. The agreement must include provision about the following matters— the qualifying location at which the ballot will be conducted; access by the scrutineer to the workplace of persons eligible to vote by workplace voting, where this is necessary for the conduct of the ballot; where relevant, the employer’s right to access the qualifying location in the case of an emergency; the operating hours and duration of the ballot; the times at which the employer of the persons eligible to vote by workplace voting will permit those persons to vote. The agreement must include the following provisions— the employer must not unreasonably prevent persons who are eligible to vote by workplace voting from voting by this means; the employer must not monitor the qualifying location; the employer must co-operate with the scrutineer and the trade union for the purposes of carrying out the ballot. The agreement must provide for the consequences of a breach of the agreement by the employer, including— which party is responsible for the costs arising from such a breach, and where such a breach prevents the completion of a ballot, the status of any votes cast in the ballot. Where provision under subsection (4) requires the employer to pay costs, it must require the employer to pay the trade union directly. In this section “qualifying location” is to be interpreted in accordance with section 230F.

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Source: legislation.gov.uk · retrieved 2026-09-04