Government publishes Code of Practice on Electronic and Workplace Balloting ahead of 2026 reforms

By Jo Seery, Professional Support Lawyer

The Government has published a new Code of Practice on Electronic and Workplace Balloting, providing guidance on how trade unions can conduct statutory ballots using electronic and workplace voting methods under changes introduced by the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) Order 2026. Both the Code and the Order come into force on 25 August 2026.

The Code marks a significant shift away from the long-standing requirement that most statutory union ballots be conducted solely by post. For the first time, unions will be able to use electronic voting and workplace balloting for a range of statutory ballots, including industrial action ballots, union elections and political fund ballots. Electronic balloting for statutory recognition and derecognition ballots is likely to be introduced in 2027.

The government had conducted an extensive consultation on its proposals for e-balloting, with Thompsons, various trade unions and employer bodies making representations. The final Code incorporates a number of the suggestions made by Thompsons and trade unions, predominantly around providing less prescriptive and technical detail on the mechanisms for the conduct of electronic ballots.

While the Code does not create new legal obligations, it sets out the standards that unions and independent scrutineers are expected to follow when selecting and administering voting methods. Central to the guidance is the requirement that unions consider accessibility, security and participation when deciding how members will vote. The code makes clear that the chosen method should, as far as reasonably practicable, allow every eligible member the opportunity to cast a vote.

The guidance recognises that electronic voting may improve access and engagement, but it also highlights the need for robust safeguards against interference, cyber security threats and voter coercion. Unions are encouraged to consider providing alternative or backup voting methods where appropriate to ensure members are not disenfranchised by technical problems. 

The publication represents a long-awaited modernisation of trade union balloting arrangements. Unions will need to work closely with scrutineers to develop appropriate processes for the conduct of compliant electronic ballots. Whilst the prescriptive requirements may initially present challenges to unions coordinating member ballots, Thompsons considers this is a welcome change that offers an opportunity to greatly increase member engagement.