Out of curiosity, is this strike action linked to a ballot conducted within the last six months, or have the rules softened under Labour, allowing Avanti to agree to a shorter notice period and the use of e-ballots?
Notice period:
• In the UK, unions are required to give employers at least 14 days’ notice of strike action following a valid ballot. (as previously mentioned above)
• The strike notice for the first action date (22 December) was announced on 10 December. This is exactly 12 days’ notice, which falls short of the legal requirement unless Avanti West Coast agreed to a shorter period (minimum 7 days).
E-Ballots:
Under UK employment law, e-ballots are generally not lawful for industrial action unless specifically authorised. The law governing this is the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), which has strict requirements for how ballots must be conducted.
Key Legal Requirements for a Lawful Ballot
1. Postal Voting Requirement:
• Industrial action ballots must be conducted as a postal ballot under TULRCA.
2. Electronic Voting:
• E-balloting is not currently permitted for industrial action ballots, even though other types of union voting (such as for internal leadership elections) may allow it.
• Although there has been debate about modernising this rule to allow electronic voting, no legal changes have been implemented to permit e-ballots for strike action.