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Employment Act 1988 ( C19)

Volume 172: debated on Thursday 17 May 1990

The text on this page has been created from Hansard archive content, it may contain typographical errors.

3.—(1) Section 1 of the Employment Act 1988 (right to a ballot before industrial action) is amended as follows.
(2) In subsection (1), for the words from "that the union" to "continue to take part" substitute "that members of the union, including himself, are likely to be or have been induced by the union to take part or to continue to take part in industrial action which does not have the support of a ballot".
(3) In subsection (2), for paragraphs (a) to (c) substitute "that the application is well-founded" and omit the words from "(including" to "endorsement)".
(4) For subsections (3) and (4) substitute—
"(3) For the purposes of this section an act shall be taken to have been done by a trade union if it was authorised or endorsed by the union; and the provisions of subsections (3) to (7) of section 15 of the Employment Act 1982 apply for the purpose of determining whether an act is to be taken to have been so authorised or endorsed.
Those provisions also apply in relation to proceedings for failure to comply with an order under this section as they apply in relation to the original proceedings.".
(5) In subsection (5) omit the words "an authorisation or endorsement by a trade union of any" and for paragraph (e) substitute—
  • "(e) the requirements of section (Calling of industrial action with support of ballot) of the Employment Act 1990 are satisfied.".'.—[Mr. Howard.]