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In Force - 18 September 2000

It has often been all but impossible to untangle the complex requirements of separate workplace ballots. This has led to enormous confusion for unions and employers alike.

The circumstances in which separate workplace ballots are required are to be simplified.
As previously, the separate workplace ballot provisions do not apply if the union reasonably believes that all members entitled to vote have the same workplace.

"Workplace" is defined as either the premises at or from which the worker works (in the case of a worker working at or from a single set of premises); or the premises with which the worker's employment has the closest connection.

There are three circumstances in which separate workplace ballots will not be required, even if workers entitled to vote in the ballot do not all have a common workplace.

First, no separate workplace ballots are required where there is at least one member of the union who is "affected" by the dispute at the workplace of each member entitled to vote.

Union members are "affected" by a dispute if:

They are directly affected by decisions relating to terms and conditions or physical working conditions, to engagement or non-engagement or termination or suspension of employment or duties of employment, or to allocation of work or duties.
They are directly affected by matters of discipline. or
Their membership is in dispute.
They are officials of the union who would use any negotiating machinery which is the subject of the dispute.

Secondly, a single ballot may be held in relation to a dispute where the workers have one or a number of common occupations, regardless of whether or not they are employed by one or a number of employers.
Thirdly, a single ballot may be held where entitlement to vote is restricted to all the members of the union employed by a particular employer (or employers).

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