Consultative/Indicative?
So, has this turned into just a "consultative/indicative" ballot? If it has, did Unite forget to mention it?
The following is taken from
Industrial action ballots : Directgov - Employment (my italics)
Carrying out industrial action ballots
Industrial action ballots need to be carried out correctly (properly conducted). An industrial action ballot is properly conducted if:
- it is subject to scrutiny by a qualified independent person appointed by the trade union (this is not needed if the number of members entitled to vote is 50 or fewer)
- it was held before the trade union asked its members to take, or continue taking, industrial action
- the right to vote is given to all members the trade union intends to ask to take part in the industrial action
- it is conducted by marking a voting paper
- voting is by post
- the voting paper includes information about the voting process (eg what you are voting on and where to send your paper)
- as soon as the trade union can, after holding the ballot, it tells everyone entitled to vote how many votes were cast and the number of 'yes' votes, 'no' votes and spoiled voting papers
The voting paper must also ask those members to answer ‘yes’ or ‘no’ to whether they are prepared to take part in either:
- a strike
- industrial action other than a strike
- both of these
The ‘Code of Practice on industrial action ballots and notice to employers’ sets out all the rules on industrial action ballots.
Other industrial action ballots
Sometimes, trade unions ballot their members about ending industrial action after it has begun, or about offers made by the employer to end the dispute in question. Those ballots are not a statutory requirement, and are for trade unions to decide whether to arrange or not, in-line with their rules.
Trade unions sometimes hold ‘consultative’ or ‘indicative’ ballots asking members whether they might be prepared to take industrial action about a particular issue. Trade unions are free to hold these ballots in-line with their rules. However, the trade union will need to hold a further legal ballot if they wish to proceed with any industrial action.
Looking at the ballot paper, it definately conforms to the above. The usual legal stuff about "if you strike, etc". The reason for the strike is on the accompanying blurb rather than on the ballot paper.