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Contents

Legislation
Employment Relations Act 2004

Part 1 Union recognition

  • Section 1 Application for decision on whether proposed bargaining unit is appropriate
  • Section 2 Power of the CAC to end period for agreement on bargaining unit
  • Section 3 Duty of employer to supply information to union
  • Section 4 Determination of appropriate bargaining unit
  • Section 5 Union communications with workers after acceptance of application
  • Section 6 Circumstances in which the CAC must arrange a ballot
  • Section 7 Power of the CAC to extend notification period
  • Section 8 Postal votes for workers absent from ballot at workplace
  • Section 9 Additional duties on employers informed of ballots
  • Section 10 Unfair practices in relation to recognition ballots
  • Section 11 Application where agreement does not cover pay, hours and holidays
  • Section 12 Employer’s notice to end bargaining arrangements
  • Section 13 Unfair practices in relation to derecognition ballots
  • Section 14 Appeals against demands for costs
  • Section 15 Power to amend Schedule A1 to the 1992 Act
  • Section 16 Means of communicating with workers
  • Section 17 Unfair practices: power to make provision about periods before notice of ballot
  • Section 18 Power to make provision about effect of amalgamations etc.
  • Section 19 Information about union membership and employment in bargaining unit
  • Section 20 “Pay” and other matters subject to collective bargaining
  • Section 21 Information required by ACAS for ballots and ascertaining union membership
  1. Part 1 · Union recognition
  2. Postal votes for workers absent from ballot at workplace

Section 8 | Postal votes for workers absent from ballot at workplace

From legislation.gov.uk

(1)In paragraph 25 of Schedule A1 to the 1992 Act (recognition ballots), after sub-paragraph (6) insert—

(6A)If the CAC decides that the ballot must (in whole or in part) be conducted at a workplace (or workplaces), it may require arrangements to be made for workers—

(a)who (but for the arrangements) would be prevented by the CAC’s decision from voting by post, and

(b)who are unable, for reasons relating to those workers as individuals, to cast their votes in the ballot at the workplace (or at any of them),

to be given the opportunity (if they request it far enough in advance of the ballot for this to be practicable) to vote by post; and the CAC’s imposing such a requirement is not to be treated for the purposes of sub-paragraph (6) as a decision that the ballot be conducted as mentioned in sub-paragraph (4)(c).

(2)In paragraph 117 of that Schedule (derecognition ballots), after sub-paragraph (8) insert—

(8A)If the CAC decides that the ballot must (in whole or in part) be conducted at a workplace (or workplaces), it may require arrangements to be made for workers—

(a)who (but for the arrangements) would be prevented by the CAC’s decision from voting by post, and

(b)who are unable, for reasons relating to those workers as individuals, to cast their votes in the ballot at the workplace (or at any of them),

to be given the opportunity (if they request it far enough in advance of the ballot for this to be practicable) to vote by post; and the CAC’s imposing such a requirement is not to be treated for the purposes of sub-paragraph (8) as a decision that the ballot be conducted as mentioned in sub-paragraph (6)(c).

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