Key takeaways
Employment Rights Bill 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.
Consultation open until January 2026
Stakeholders invited to shape future ballot regulations.
The Department for Business and Trade recently published a consultation concerning the implementation of one key aspect of the Employment Rights Bill - electronic and workplace statutory union ballots.
Permitted ballot methods
Currently, the law requires almost all statutory trade union ballots to be conducted solely by post. The Employment Rights Bill aims to modernise the balloting process and make participation in these ballots easier.
In due course, the government intends to introduce regulations to implement the new permitted methods of electronic and workplace balloting for statutory union ballots via secondary legislation.
In addition to postal ballots (which are currently the only permitted method), the consultation confirms the government’s intention to permit the following new methods:
Pure electronic balloting: where the distribution of the voting pack and the casting and return of the votes take place entirely through electronic means.
Hybrid electronic balloting: 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 balloting (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 regulations introducing those new 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. The government is seeking views on the proposed draft Code of Practice.
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 electronic or workplace 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.
The consultation closes on 28 January 2026.
