On 28 July 2026 the Government published a new statutory Code of Practice (Electronic and workplace balloting: code of practice - GOV.UK) permitting the use of electronic and workplace voting methods for statutory trade union ballots. The changes, due to come into effect on 25 August 2026, are intended to modernise trade union voting processes and to make participation more accessible for union members.
The new Code of Practice
Historically, statutory trade union ballots were required to be conducted by post under the supervision of an independent scrutineer. From 25 August 2026, trade unions will be able to use electronic voting and/or other workplace voting methods for a range of statutory ballots, including:
- Industrial action ballots
- Trade union elections
- Political fund ballots
- Ballots on trade union mergers and transfer of engagements
The following methods of voting will be permitted:
- Electronic voting (fully digital) - voting materials will be issued electronically by the independent scrutineer, and votes will be cast and returned electronically.
- Hybrid voting - ballot papers will be issued by post by the independent scrutineer (with a return address for voting by post) as well as a voting access method which the voter may use if they wish to cast their vote electronically.
- Workplace voting (in-person ballot conducted on or near to the site of the employer for which the industrial action ballot is being held) - The consent of the employer is mandatory before workplace balloting can be used and voters are required to attend the voting location at which the ballot is to take place.
The changes have been implemented through the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (SI 2026/881) alongside the Code of Practice (Electronic and Workplace Balloting for Statutory Trade Union Ballots) Order 2026 (SI 2026/880). Importantly, the Code does not change the statutory requirements that currently exist for valid statutory trade union ballots, and it repeatedly emphasises the same fundamental principle of ballot secrecy.
Electronic voting
The Code confirms that a “responsible person” is required to oversee the ballot process and ensure compliance with the legislation and the Code. The responsible person must consider whether the chosen voting method is appropriate and whether the necessary safeguards are in place before the ballot proceeds.
The Code also contains detailed provisions on the electronic voting platform requirements, cybersecurity and database integrity to ensure that the electronic balloting methods remain compliant with data protection and computer security legislation.
Workplace voting
Where workplace balloting is used (as an alternative method for industrial action ballots only), the Code contains provisions dealing with:
- Ballot requirements: the employer must have provided voluntary consent to the union to conduct a workplace ballot before the independent scrutineer can be appointed.
- Voter access and identification: those members who are eligible to vote in an industrial action ballot, must provide a form of ID as specified by the independent scrutineer to be able to participate in the ballot.
- Site requirements: the Code provides detailed guidance on what constitutes each of the three possible qualifying locations in which workplace balloting can take place.
Small accidental failures to be disregarded
The Code also adds in a new section which is titled ‘Small accidental failures to be disregarded”. The purpose of this section is to set out that failure to comply with specific provisions under the Trade Union and Labour Relations (Consolidation) Act 1992 may be disregarded if the failure is accidental or unlikely to affect the ballot result.
Practical implications for employers
Graham Irons comments:
For employers with recognised trade unions, the new Code of Practice represents a significant change to trade union voting procedures. Electronic and workplace balloting could make ballots more efficient, increase turnout and affect the prospects of unions securing mandates for industrial action. Employers should ensure compliance with the Code and the integrity of electronic systems and should consider how the new arrangements may affect their industrial relations strategies.
If you have any questions on the new statutory Code of Practice, please contact a member of the team here
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