The Court of Appeal decided that when a union balloted their members over industrial action (sections 226A and 234A of TULR(C)A 1992) the union had to specify a category or name individuals or, by a combination of the two, enable the employer to readily ascertain which employees were being balloted.
It depended on the facts of the particular case whether a notice gave the employer that requisite knowledge; and that, since there were a substantial number of employees whom the college could not identify, it had not received adequate information describing the affected employees to enable it readily to ascertain who they were, and the notices were invalid.
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