Electronic and workplace voting introduced for trade union ballots

Background

The Government has made the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (the 2026 Order), which came into force on 25 August 2026 alongside a statutory Code of Practice on electronic and workplace balloting. Until now, almost all statutory trade union ballots had to be conducted solely by post. The 2026 Order, part of the Government's Make Work Pay agenda, introduces three additional voting methods: electronic voting, hybrid voting and workplace voting.

What the regulations provide

Electronic voting involves votes being cast entirely through electronic means, with access codes sent to personal email addresses or mobile phones. Hybrid voting combines postal distribution with the option of returning a vote electronically. Workplace voting involves members casting votes in person at the workplace using a ballot box and paper.

Electronic and hybrid voting are available for industrial action ballots, union elections, political fund ballots and union merger ballots. Workplace voting is available for industrial action ballots only. Before a ballot, the trade union must determine which methods will be used and which voters may use each method.

Strict security requirements apply to electronic voting, including a requirement for independent scrutineers to hold a valid Cyber Essentials Plus certificate.

For workplace voting, the employer must consent and a written agreement must be in place before the ballot, covering the ballot location, scrutineer access, operating hours and voting times. The employer must not monitor the voting location and must cooperate with the scrutineer. Votes must not be counted at the workplace.

The 2026 Order does not apply to recognition and derecognition ballots, although the Government has confirmed that electronic and hybrid voting will be extended to those ballots in 2027.

Learning points for employers

The Code of Practice is a statutory code under the Trade Union and Labour Relations (Consolidation) Act 1992. It does not impose legal obligations in itself, but courts and tribunals are required to take its provisions into account where relevant. Employers should treat it as an important benchmark.

Employers should consider now what internal process they will follow when a union requests workplace voting, including who has authority to agree or decline. They should also review their existing procedures for responding to industrial action ballots and update them to reflect the new voting methods. Those with recognised trade unions may wish to discuss practical arrangements proactively.

For more information or advice, please get in touch with our Employment team.