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.
Electronic industrial action ballots will come into force first
New rules for industrial action ballots come into force on 25 August 2026.
The Employment Rights Act 2025 contains provisions designed to introduce electronic balloting for statutory union ballots. These are broken into two phases:
Phase one - industrial action ballots: The government recently confirmed that electronic balloting for industrial action will come into force on 25 August 2026. The accompanying Statutory Code of Practice also comes into force on the same date.
Phase two – trade union recognition / derecognition ballots: electronic balloting will be extended to include trade union recognition and derecognition ballots from 2027 (exact date TBC).
Permitted ballot methods
Currently, the law requires almost all statutory trade union ballots to be conducted solely by post. From 25 August 2026, new methods of electronic and workplace balloting for industrial action will be permitted.
In addition to postal ballots (which is currently the only permitted method), the following new methods will be permitted:
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 provides clear and detailed guidance on how electronic and workplace ballots should operate in practice.
In summary, this 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 on 25 August 2026, provisions of the statutory Code of Practice will be admissible in evidence in the event of a legal dispute.
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