Draft code of practice on electronic and workplace balloting for statutory union ballots: consultation now open

The Government has said that its top priority is growing the economy and improving living standards. The Labour Government were elected on a promise to make work pay and deliver a new deal for working people in partnership with employers, workers, and trade unions.

The Government has introduced the Employment Rights Bill (ERB) which it says marks an important first step. However, it considers that further action is needed.

Currently, almost all statutory trade union ballots must be conducted by post – a process the Government sees as outdated. They say this approach limits participation and, in their view, weakens democratic engagement. To address this, the Government plans to introduce electronic and workplace balloting for statutory union ballots through secondary legislation (this means that it is not dependant on the ERB). Instead, the changes will be implemented through a statutory instrument (SI) under Section 54 of the Employment Relations Act 2004, which gives the Secretary of State for Business and Trade the authority to approve additional voting methods. Postal voting will remain available.

The Government’s view is that modern methods reflect voting practices already used by political parties and listed companies, which will make participation easier and more representative.

They say that robust safeguards will apply to ensure:

• eligibility and secrecy of the ballot;
• security and fairness throughout the process; and
• confidence for all parties involved.

To support these changes, a new and draft statutory Code of Practice has been written to provide guidance on how electronic and workplace ballots should operate.

Undoubtedly, if electronic balloting is used, and together with the changes proposed in the ERB, including the removal of the threshold requirements for industrial action ballots, it will strengthen the union’s position and make it substantially easier for trade unions to take strike action.

Have your say

A public consultation is now open. This is an opportunity for employers to help shape the Code, with the aim of it being clear, balanced, and practical.

Take part in the consultation.

Join our webinar forum

Join Stone King’s Employment Law team for an essential session exploring this consultation. The webinar forum will take place on Tuesday 13 January 2026 at 11 am. Sign up here.