From today, trade unions can make use of electronic voting, hybrid voting and, for industrial action ballots, workplace voting when conducting statutory ballots and elections. The changes are designed to modernise the way trade unions engage with members, moving beyond the long-standing requirement for ballots to be conducted almost exclusively by post.
Alongside the new legislation, a new Code of Practice on Electronic and Workplace Balloting for Statutory Trade Union Ballots has also come into force, providing practical guidance on how the new voting methods should operate.
What has changed?
Until now, statutory trade union ballots were generally required to be conducted by post. The 2026 Order introduces three additional methods of voting:
1. Electronic voting
Electronic voting enables the entire voting process to take place online. Voting access details, such as a unique code or password, can be issued electronically via email, text message or a qualifying messaging service. Members then cast their vote through a secure online platform administered by the independent scrutineer.
2. Hybrid voting
Hybrid voting combines traditional postal voting with electronic voting. Ballot papers are distributed by post, but members can choose whether to return their vote by post or electronically through an online voting platform.
3. Workplace voting
For industrial action ballots only, members may now vote in person at their workplace using paper ballot papers and a ballot box. Where voting cannot reasonably take place on-site, an alternative off-site location may be used.
However, workplace voting can only take place where the employer agrees. A written agreement must be reached between the trade union and employer before any workplace ballot is conducted.
Which ballots can use the new voting methods?
Electronic and hybrid voting are available for a range of statutory trade union processes, including:
- industrial action ballots;
- trade union elections;
- political fund ballots;
- political resolution ballots; and
- trade union merger ballots.
Workplace voting, however, is more limited and is currently available only for industrial action ballots.
Before any ballot takes place, the trade union must decide which voting method or methods will be available. Where multiple methods are offered, the union must specify whether all members can access each voting option or whether certain methods are restricted to particular groups of voters.
New security requirements for electronic voting
Given the move towards digital voting, the legislation introduces strict safeguards aimed at protecting ballot integrity and voter anonymity.
Among other requirements:
- independent scrutineers must hold a Cyber Essentials Plus certification for the systems used to conduct the ballot;
- each voter must be issued with a unique identifier;
- voting systems must preserve voter anonymity; and
- personal data and voting data must be stored separately to reduce the risk of identifying how an individual has voted.
These measures are intended to ensure that electronic ballots remain secure, independent and resistant to unauthorised access or interference.
What does workplace voting for industrial action mean for employers?
Employers considering workplace voting arrangements will need to engage closely with the relevant trade union and independent scrutineer.
The written agreement required before workplace voting can proceed must address matters such as:
- the location of the ballot;
- scrutineer access to the workplace;
- ballot opening hours and duration;
- when employees will be permitted to vote; and
- practical arrangements for administering the ballot.
Importantly, employers must agree not to unreasonably prevent employees from voting, not to monitor the voting location and to cooperate with both the trade union and the scrutineer. Vote counting must take place away from the workplace.
What happens next?
One notable exception is that the new rules do not currently apply to statutory recognition and derecognition ballots. Those ballots can already be conducted through workplace voting and postal voting, but electronic and hybrid voting are not yet available.
The Government has confirmed that electronic and hybrid voting are expected to be extended to statutory recognition and derecognition ballots in 2027, further broadening the use of digital voting within trade union processes.
What should employers be doing now?
Employers should familiarise themselves with the new voting framework, particularly where there is an active trade union presence within the workforce. Organisations may receive requests to facilitate workplace voting and should understand both their obligations and the practical considerations involved.
The introduction of electronic and hybrid voting is also likely to make participation in trade union ballots easier and more accessible for members, potentially affecting turnout levels and the administration of future industrial action ballots.
As trade union balloting enters the digital age, employers and unions alike will need to adapt to a new and increasingly flexible voting landscape.
How we can help
If you have received a request to facilitate workplace voting, or want to prepare for how the new rules could affect industrial action ballots in your organisation, our employment team can help. We advise employers on trade union relations, written balloting agreements and responding to industrial action.
We publish blogs and social media posts to give a general overview of legal and commercial issues, relevant at the time of publication, which we hope you will find interesting. Please note that legal rules often change depending on the specific facts of a situation. The law also changes over time following changes in legislation or new court cases. We do not actively update our blogs or posts once they are published to reflect changes in the law.
As such, our blogs and posts are not intended to advise you on the law and must not be relied upon as legal advice. If you require advice on a particular issue then please contact us and we will be pleased to help.