Electronic balloting is here: What you need to know

The reforms to trade union ballot procedures took effect on 25 August 2026, introducing electronic voting and workplace balloting for certain statutory trade union ballots. The changes represent the most significant modernisation of union balloting procedures in decades and are expected to make ballot participation more accessible for union members.

The reforms will be introduced in phases:

• Phase 1: electronic and hybrid voting are now available for industrial action ballots, trade union elections, political fund ballots, and trade union merger ballots. In addition, workplace voting is now permitted for industrial action ballots.
• Phase 2: electronic and hybrid voting will be extended to recognition and derecognition ballots from 2027.
• Phase 3: the Government has announced plans to establish a Senior Oversight Board to monitor the implementation of the reforms and consider further developments. The timing of this remains to be confirmed.

New voting methods

Until now, statutory trade union ballots have generally been required to take place exclusively by post. In addition to postal ballots, the following methods are now permitted:

• Electronic voting: where voting materials are issued electronically and members cast their votes electronically.
• Hybrid voting: where voting materials are distributed by post, but members can choose to vote by post or electronically.
• Workplace voting (industrial action ballots only): where members cast their vote in person using a physical ballot box located at or near the workplace. Importantly, workplace voting can only take place with the employer’s consent.

The new Code of Practice

Alongside the legislative changes, the Government has published a statutory Code of Practice on Electronic and Workplace Balloting, available here: Electronic and workplace balloting. The Code provides guidance on conducting electronic ballots and workplace ballots.

Although failure to comply with the Code will not automatically invalidate a ballot, tribunals and courts may consider the Code when deciding disputes about how a ballot was conducted.

What does this mean for your business?

While the legal thresholds for industrial action remain unchanged, electronic balloting is likely to make participation easier and may increase the speed and effectiveness with which trade unions secure mandates from their members. This underlines the importance of maintaining positive employee relations and addressing workplace concerns before they escalate into formal disputes.

Contact our employment law solicitors today

If you have any questions or concerns about the updates provided above, please contact a member of our Employment Law team. You can use our online enquiry form or call 0330 191 5713.