The Government has made the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (the 2026 Order), which came into force on 25 August 2026 alongside a statutory Code of Practice on electronic and workplace balloting. Until now, almost all statutory trade union ballots had to be conducted solely by post. The 2026 Order, part of the Government's Make Work Pay agenda, introduces three additional voting methods: electronic voting, hybrid voting and workplace voting.
Electronic voting involves votes being cast entirely through electronic means, with access codes sent to personal email addresses or mobile phones. Hybrid voting combines postal distribution with the option of returning a vote electronically. Workplace voting involves members casting votes in person at the workplace using a ballot box and paper.
Electronic and hybrid voting are available for industrial action ballots, union elections, political fund ballots and union merger ballots. Workplace voting is available for industrial action ballots only. Before a ballot, the trade union must determine which methods will be used and which voters may use each method.
Strict security requirements apply to electronic voting, including a requirement for independent scrutineers to hold a valid Cyber Essentials Plus certificate.
For workplace voting, the employer must consent and a written agreement must be in place before the ballot,...
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