Trade Union and Labour Relations (Consolidation) Act 1992
Sections and provisions with full text and the judgments that cite each one.
Section 217 — Exclusion of power of arbiter to state case to Court of Session.
Exclusion of power of arbiter to state case to Court of Session. 217 Section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case for opinion of Court of Session)…
Section 218 — Meaning of “trade dispute" in Part IV.
Meaning of “trade dispute" in Part IV. 218 1 In this Part “ trade dispute ” means a dispute between employers and workers, or between workers and workers, which is connected with one or more of the…
Section 219 — Protection from certain tort liabilities.
Protection from certain tort liabilities. 219 1 An act done by a person in contemplation or furtherance of a trade dispute is not actionable in tort on the ground only— a that it induces another…
Section 220 — Peaceful picketing.
Peaceful picketing. 220 1 It is lawful for a person in contemplation or furtherance of a trade dispute to attend— a at or near his own place of work, or b if he is an official of a trade union, at or…
Section 220A — Union supervision of picketing
Union supervision of picketing 220A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 221 — Restrictions on grant of injunctions and interdicts.
Restrictions on grant of injunctions and interdicts. 221 1 Where— a an application for an injunction or interdict is made to a court in the absence of the party against whom it is sought or any…
Section 222 — Action to enforce trade union membership.
Action to enforce trade union membership. 222 1 An act is not protected if the reason, or one of the reasons, for which it is done is the fact or belief that a particular employer— a is employing,…
Section 223 — Action taken because of dismissal for taking unofficial action.
Action taken because of dismissal for taking unofficial action. 223 An act is not protected if the reason, or one of the reasons, for doing it is the fact or belief that an employer has dismissed one…
Section 224 — Secondary action.
Secondary action. 224 1 An act is not protected if one of the facts relied on for the purpose of establishing liability is that there has been secondary action which is not lawful picketing. 2 There…
Section 225 — Pressure to impose union recognition requirement.
Pressure to impose union recognition requirement. 225 1 An act is not protected if it constitutes, or is one of a number of acts which together constitute, an inducement or attempted inducement of a…
Section 226 — Requirement of ballot before action by trade union.
Requirement of ballot before action by trade union. 226 1 An act done by a trade union to induce a person to take part, or continue to take part, in industrial action — a is not protected unless the…
Section 226A — Notice of ballot and sample voting paper for employers.
Notice of ballot and sample voting paper for employers. 226A 1 The trade union must take such steps as are reasonably necessary to ensure that— a not later than the seventh day before the opening day…
Section 226B — Appointment of scrutineer.
Appointment of scrutineer. 226B 1 The trade union shall, before the ballot in respect of the industrial action is held, appoint a qualified person (“ the scrutineer ”) whose terms of appointment…
Section 226C — Exclusion for small ballots.
Exclusion for small ballots. 226C Nothing in section 226B, section 229(1A)(a) or section 231B shall impose a requirement on a trade union unless— a the number of members entitled to vote in the…
Section 227 — Entitlement to vote in ballot.
Entitlement to vote in ballot. 227 1 Entitlement to vote in the ballot must be accorded equally to all the members of the trade union who it is reasonable at the time of the ballot for the union to…
Section 228 — Separate workplace ballots.
Separate workplace ballots. 228 1 Subject to subsection (2), this section applies if the members entitled to vote in a ballot by virtue of section 227 do not all have the same workplace. 2 This…
Section 228A — Separate workplaces: single and aggregate ballots.
Separate workplaces: single and aggregate ballots. 228A 1 Where section 228(3) would require separate ballots to be held for each workplace, a ballot may be held in place of some or all of the…
Section 229 — Voting paper.
Voting paper. 229 1 The method of voting in a ballot must be by the marking of a voting paper by the person voting. 1A Each voting paper must— a state the name of the independent scrutineer, b…
Section 230 — Conduct of ballot.
Conduct of ballot. 230 1 Every person who is entitled to vote in the ballot must— a be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials…
Section 231 — Information as to result of ballot.
Information as to result of ballot. 231 As soon as is reasonably practicable after the holding of the ballot, the trade union shall take such steps as are reasonably necessary to ensure that all…
Section 231A — Employers to be informed of ballot result.
Employers to be informed of ballot result. 231A 1 As soon as reasonably practicable after the holding of the ballot, the trade union shall take such steps as are reasonably necessary to ensure that…
Section 231B — Scrutineer’s report.
Scrutineer’s report. 231B 1 The scrutineer’s report on the ballot shall state whether the scrutineer is satisfied— a that there are no reasonable grounds for believing that there was any…
Section 232 — Balloting of overseas members.
Balloting of overseas members. 232 1 A trade union which has overseas members may choose whether or not to accord any of those members entitlement to vote in a ballot; and nothing in section 226B to…
Section 232A — Inducement of member denied entitlement to vote.
Inducement of member denied entitlement to vote. 232A Industrial action shall not be regarded as having the support of a ballot if the following conditions apply in the case of any person— a he was a…
Section 232B — Small accidental failures to be disregarded.
Small accidental failures to be disregarded. 232B 1 If— a in relation to a ballot there is a failure (or there are failures) to comply with a provision mentioned in subsection (2) or with more than…
Section 233 — Calling of industrial action with support of ballot.
Calling of industrial action with support of ballot. 233 1 Industrial action shall be regarded as having the support of a ballot only if— a it is called by a person specified or of a description…
Section 234 — Period after which ballot ceases to be effective.
Period after which ballot ceases to be effective. 234 1 Industrial action that is regarded as having the support of a ballot shall cease to be so regarded at the end of the period of 12 months…
Section 234A — Notice to employers of industrial action.
Notice to employers of industrial action. 234A 1 An act done by a trade union to induce a person to take part, or continue to take part, in industrial action is not protected as respects his employer…
Section 234B — Power of Secretary of State to specify minimum service levels
Power of Secretary of State to specify minimum service levels 234B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 234C — Work notices relating to minimum service levels
Work notices relating to minimum service levels 234C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 234D — Work notices: disclosure of information
Work notices: disclosure of information 234D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 234E — Work notices: no protection if union fails to take reasonable steps
Work notices: no protection if union fails to take reasonable steps 234E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 234F — Regulations: consultation and supplementary
Regulations: consultation and supplementary 234F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 234G — Interpretation of terms relating to minimum service levels
Interpretation of terms relating to minimum service levels 234G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 235 — Construction of references to contract of employment in sections 226 to 234A .
Construction of references to contract of employment in sections 226 to 234A . 235 In sections 226 to 234A references to a contract of employment include any contract under which one person…
Section 235A — Industrial action affecting supply of goods or services to an individual.
Industrial action affecting supply of goods or services to an individual. 235A 1 Where an individual claims that— a any trade union or other person has done, or is likely to do, an unlawful act to…
Section 235B — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235B
Section 235C — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235C
Section 236 — No compulsion to work.
No compulsion to work. 236 No court shall, whether by way of— a an order for specific performance or specific implement of a contract of employment, or b an injunction or interdict restraining a…
Section 236A — Detriment on grounds of industrial action
Detriment on grounds of industrial action 236A 1 A worker has the right not to be subjected as an individual to detriment of a prescribed description by any act, or any deliberate failure to act, by…
Section 236B — Time limit for proceedings
Time limit for proceedings 236B 1 An employment tribunal may not consider a complaint under section 236A unless it is presented— a before the end of the period of six months beginning with the date…
Section 236C — Consideration of complaint
Consideration of complaint 236C On a complaint under section 236A it is for the employer to show what was the sole or main purpose for which the employer acted or failed to act.
Section 236D — Remedies
Remedies 236D 1 Where the employment tribunal finds that a complaint under section 236A is well-founded, the tribunal— a must make a declaration to that effect, and b may make an award of…
Section 237 — Dismissal of those taking part in unofficial industrial action.
Dismissal of those taking part in unofficial industrial action. 237 1 An employee has no right to complain of unfair dismissal if at the time of dismissal he was taking part in an unofficial strike…
Section 238 — Dismissals in connection with other industrial action.
Dismissals in connection with other industrial action. 238 1 This section applies in relation to an employee who has a right to complain of unfair dismissal (the “ complainant ”) and who claims to…
Section 238A — Participation in official industrial action.
Participation in official industrial action. 238A 1 For the purposes of this section an employee takes protected industrial action if he commits an act which, or a series of acts each of which, he is…
Section 238B — Conciliation and mediation: supplementary provisions
Conciliation and mediation: supplementary provisions 238B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 239 — Supplementary provisions relating to unfair dismissal.
Supplementary provisions relating to unfair dismissal. 239 1 Sections 237 to 238A (loss of unfair dismissal protection in connection with industrial action) shall be construed as one with Part X of…
Section 240 — Breach of contract involving injury to persons or property.
Breach of contract involving injury to persons or property. 240 1 A person commits an offence who wilfully and maliciously breaks a contract of service or hiring, knowing or having reasonable cause…
Section 241 — Intimidation or annoyance by violence or otherwise.
Intimidation or annoyance by violence or otherwise. 241 1 A person commits an offence who, with a view to compelling another person to abstain from doing or to do any act which that person has a…