The Government has published its new statutory Code of Practice to accompany the introduction of electronic and workplace voting for statutory trade union ballots under the Employment Rights Act reforms.
The Code provides practical guidance on the conduct of these ballots.
Key points include:
- Electronic voting and hybrid voting (postal and electronic) may now be used for a range of statutory trade union ballots, including industrial action ballots, union elections and political fund ballots.
- Workplace voting is permitted only for industrial action ballots and requires the employer’s consent.
- The Code sets out expected standards for independent scrutineers, including cybersecurity, voter authentication, ballot secrecy, audit trails and record keeping, whilst deliberately avoiding prescribing particular technologies.
- Although the Code does not itself create legal obligations, it is admissible in evidence and may be taken into account by courts and tribunals where relevant.
The Code is expected to come into force alongside the new electronic and workplace balloting regime on 25th August 2026, subject to the necessary parliamentary approval.