Key takeaways
Currently, most statutory trade union ballots must be conducted by postal ballot. The only exception is in relation to Central Arbitration Committee (CAC) administered statutory recognition/derecognition ballots where workplace balloting is also permitted. The government considers that the current requirement for postal ballots only is outdated and reduces democratic participation. It therefore intends to introduce additional options for electronic and workplace balloting via a statutory instrument (SI). Alongside the SI, the government plans to introduce a new statutory code of practice on electronic and workplace balloting, and has launched a consultation on the Code.
The introduction of additional balloting options will make voting more accessible and easier logistically for unions to organise ballots. However, in our experience, unions do not generally have problems with achieving the relevant mandates therefore the practical impact on voting outcome is likely to be limited.
Additional ballot options
The government proposes allowing three new voting methods, in addition to postal ballots, for certain statutory union ballots, all using an independent scrutineer, as follows:
- Pure electronic (fully digital) balloting where the whole process from start to finish is conducted electronically. The proposal is to enable this option to conduct industrial action ballots, political fund/resolution ballots, union election ballots and union merger ballots in the first instance, with phase 2 expanding to statutory recognition/derecognition ballots by end of 2026.
- Hybrid e-balloting where the member receives a physical paper ballot by post but can then choose whether to execute their vote electronically or by post. The proposal is to enable this option to conduct industrial action ballots, political fund/resolution ballots, union election ballots, union merger ballots and statutory recognition/derecognition ballots.
- Workplace balloting where members cast their vote in person at the workplace, via physical ballot box and paper, or at an off-site location. The proposal is to enable this option to conduct industrial action ballots only and would require the employer’s consent.
Draft Code
The Code sets out the key responsibilities of the union, independent scrutineer and employer during ballots to which the Code applies as well as the specific requirements in respect of each proposed new voting option. There is a strong emphasis on ensuring the integrity and confidentiality of the voting process including that the independent scrutineer must hold a valid Cyber Essentials Plus certification or equivalent in respect of the pure and hybrid e-balloting options.
The Code itself will not impose any legal obligations and breach will not, by itself, render anyone liable to proceedings. However, like other statutory codes, the provisions of the Code are admissible in evidence in proceedings before a court, tribunal or the CAC and can be taken into account by them if considered to be relevant.
The consultation asks respondents questions about the content of the Code, specfically on whether the relevant sections are sufficiently clear. The consultation closes on 28 January 2026.
For further information on how this affects your business, please get in touch with your usual Baker McKenzie contact.
