Modernising Trade Union by changing how they hold official votes: Electronic and workplace balloting

The Government has responded to the consultation on electronic and workplace balloting for statutory trade union ballots, together with a revised draft Code of Practice and draft regulations that will introduce these reforms. The changes form part of the Government’s wider programme to modernise trade union law by permitting alternative voting methods alongside traditional postal ballots.

The reforms do not alter the substantive legal framework governing trade union ballots. Existing statutory requirements, voting thresholds, notice obligations and timescales remain unchanged. The reforms focus on how votes may be cast, rather than when ballots are required or what unions must achieve for a ballot to be legally effective.

Under the new rule, trade unions will be able to use three additional voting methods for certain statutory ballots:

1. Electronic voting: where voting materials are distributed electronically and votes are cast entirely online.
2. Hybrid voting (Paper and Digital): where ballot papers are sent by post, but members can choose to vote either electronically or by post.
3. Workplace voting: where members vote in person using a ballot box at or near the workplace.

The choice of voting method will rest with the trade union, acting as the “responsible person” for the ballot. Workplace voting can only be used where the employer has agreed to the arrangement in advance.

From August 2026 (subject to Parliamentary approval), electronic and hybrid voting are expected to become available for industrial actual ballots, political fund and political resolution ballots, trade union elections, and union merger ballots. Workplace voting will also be introduced for industrial action ballots.

In the second phase during 2027, electronic and hybrid voting will be extended to statutory recognition and derecognition ballots. The Government also intends to establish a Senior Oversight Board to monitor implementation and consider future developments in electronic balloting.

Need advice on trade union law or industrial relations? Our employment team can help you understand how the upcoming balloting reforms may affect your organisation. Contact us today for expert legal advice.