In our previous article, we set out the key changes under the Employment Rights Act 2025 (ERA 2025) which came into force on 18 February 2026. This included a commission of an independent review of electronic balloting.

Consultation on a draft Code of Practice on electronic and workplace balloting for statutory trade union ballots (the draft Code) ran from 19 November 2025 to 28 January 2026. The government has now published its response confirming its intention to introduce electronic and workplace voting methods for statutory trade union ballots. The government considers that this change will increase democratic participation and ensure that the decisions taken following ballots are more representative of members’ views.

The revised draft Code and secondary legislation which would permit electronic and workplace balloting for statutory trade union ballots have been laid before Parliament.

This article sets out the further details you need to know, including what’s changing, when it comes into effect and what this may mean for employers.

What is the current position?

Statutory trade union ballots must be held by post and ballots for trade union recognition and de-recognition may be carried out using postal or workplace balloting. The Government considers this is outdated, creates significant bureaucracy and results in ballots that are exceedingly expensive to run. 

What is changing?

If approved, the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 will amend the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) to provide for electronic and hybrid voting methods in respect of: 

• industrial action ballots, 
• political fund/resolution ballots, 
• union merger ballots, and
• union elections.

The order will provide for the following voting methods (in addition to postal voting):

• Electronic voting: where the voter is sent their voting materials electronically and can cast their vote electronically.
• Hybrid voting: where the voter is sent their voting materials by post and can cast their vote either by post or electronically.
• Workplace voting: where the voter votes in person by placing their voting paper into a ballot box at a location in or near their workplace. However, this will be restricted to industrial action ballots only and will require employer consent.

It will be for the trade union (as the "responsible person") to decide which voting method to use.

The changes don't alter the underlying legal framework. The existing thresholds, timescales and substantive rules for union ballots remain the same. However, the government considers that this change will increase democratic participation and ensure that the decisions taken following ballots are more representative of members’ views.

When will the changes take effect?

The changes will be introduced in phases:

• Phase 1 (expected August 2026): electronic and hybrid voting will become available for industrial action ballots, political fund/resolution ballots, union elections, and union merger ballots. Workplace voting will also be available for industrial action ballots.

• Phase 2 (2027): electronic and hybrid voting will be extended to recognition and derecognition ballots.

• Phase 3 (date TBC): the government plans to establish a Senior Oversight Board to review the implementation of the new arrangements and consider any future changes.

Draft Code of Practice on electronic and workplace balloting for statutory union ballots

The draft Code:

• explains how the balloting method should be determined before a ballot is conducted 
• supports the understanding and use of these new permitted methods for statutory trade union ballots, and
• sets out the roles of relevant parties and the technical and process requirements for electronic and workplace balloting. 

Following consultation, the draft Code has been updated to address concerns raised, including clarifying that different balloting methods may be used in combination with each other. A new standalone section entitled ‘Small accidental failures to be disregarded' has also been added. This section explains the new provision in the TULR(C)A which will enable small and accidental errors or failures to comply with the legislation to be disregarded, where they do not affect the outcome of the ballot, so that they do not automatically invalidate it.

 The Code of Practice is expected to come into force in August 2026.

What does this mean for employers?

Trade unions will have the option to conduct statutory ballots electronically, and the expectation is that many will move away from traditional postal voting. As a result, this will make it easier for trade unions to organise industrial action. Employers with unionised workforces should consider reviewing their employee engagement and industrial relations strategies proactively, as good industrial relations will be key to mitigating the risk of increased ballots for action.

If you would like to discuss how our team of experienced employment lawyers can support your organisation, please get in touch. You can also find further resources on all things ERA 2025 on our ERA 2025 hub, including our recent podcast on Trade union rights of access.