Key takeaways
Employment Rights Act 2025 modernises union balloting
Electronic and workplace voting methods set to expand.
New Code of Practice to guide implementation
Clear rules for electronic and hybrid ballot processes.
Draft Code of Practice laid before parliament
New rules expected to come into force in August 2026.
The Department for Business and Trade recently:
published its response to its 2025 consultation concerning the implementation of one key aspect of the Employment Rights Act - electronic and workplace statutory union ballots and
laid secondary legislation and the draft Code of Practice before parliament to implement these changes.
Permitted ballot methods
Currently, the law requires almost all statutory trade union ballots to be conducted solely by post. The Employment Rights Act 2025 contains provisions designed to modernise the balloting process and make participation in these ballots easier.
The government recently laid a draft order before parliament to implement the new permitted methods of electronic and workplace balloting for statutory union ballots.
In addition to postal ballots (which are currently the only permitted method), the government intends to permit the following new methods:
Electronic Voting: where the distribution of the voting pack and the casting and return of the votes take place entirely through electronic means.
Hybrid Voting: where the voting materials will be distributed by post, with members able to return their vote either by post or electronically (casting their vote online in an internet portal or website administered by the scrutineer).
Workplace Voting (industrial action ballots only): this method will allow members to cast their vote in person at the workplace, using a physical ballot box and paper, or, where it is not possible to conduct the ballot on-site, at an off-site location. Balloting arrangements will be agreed in advance on a voluntary basis between the union, scrutineer and employer.
Statutory Code of Practice
The new ballot methods will be supported by a new statutory Code of Practice, which will provide clear and detailed guidance on how electronic and workplace ballots should operate in practice. Following the conclusion of its consultation on this issue, the government recently laid the updated draft Code of Practice before parliament.
In summary, the draft Code of Practice covers:
the respective responsibilities of those involved in statutory ballots, including the trade union, scrutineer, employer and Central Arbitration Committee
the factors and criteria to be applied by the "responsible person" when determining which of the permitted voting methods (or combination of methods) are most appropriate for a particular ballot and
the procedures for conducting electronic and workplace ballots, as well as reporting obligations for scrutineers and complaint procedures.
Once it comes into force, provisions of the statutory Code of Practice will be admissible in evidence in the event of a legal dispute.
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