Employment Rights Act 2025

Legislation will enable electronic, hybrid and, in some circumstances, workplace voting for a range of statutory trade union ballots, including industrial action ballots.

Currently, the law requires almost all statutory trade union ballots to be conducted solely by post. The government will introduce (via secondary legislation) electronic and workplace balloting for statutory union ballots.

While this is part of the Making Work Pay agenda it is not dependent on the Employment Rights Act 2025. The government is instead using a regulation-making power in s. 54 of the Employment Relations Act 2004. However, it’s included here as its part of the wider reform of union law included in the Employment Rights Act.

The new law will be accompanied by a new statutory code of practice which will provide clear and detailed guidance on how electronic and workplace ballots should operate in practice. 

Among other things, the code sets out:

• the main responsibilities of each party involved in statutory ballots, including the union, scrutineer and employer, and (for statutory recognition/derecognition ballots) the CAC
• the standards and procedures for conducting electronic ballots, including security, distribution and audit requirements
• the standards and procedures for conducting industrial action ballots in the workplace, covering the required agreements between union and employer, site arrangements, and safeguards to ensure workplace ballots are secure and accessible
• key factors and criteria that the General Secretary or other ‘responsible person’ must consider when selecting the appropriate balloting method for a statutory union ballot
• reporting obligations for scrutineers, complaint procedures, and the roles of the relevant parties in addressing breaches or disputes during the ballot.

The government plans to permit three new voting methods, in addition to postal ballots, for certain statutory ballots:

1. ‘Pure’ electronic balloting (fully digital) – where the distribution of the voting pack, the casting and return of the votes, take place entirely through electronic means
2. Hybrid electronic balloting – where voting materials are distributed by post, with members able to return their vote either by post or electronically (i.e. casting their vote online in an internet portal or website administered by the scrutineer), and/or
3. Workplace balloting – where members cast their vote in person at the workplace, via a physical ballot box and paper, or at an off-site location (should it be infeasible to conduct the ballot on-site) with all balloting arrangements agreed in advance on a voluntary basis between the union, scrutineer, and employer

The changes will be introduced in phases:

• Phase 1 (expected from August 2026): electronic and hybrid voting will become available for industrial action ballots, political fund and political resolution ballots, union elections, and union merger ballots. Workplace voting will also be available for industrial action ballots.
• Phase 2 (at some point during 2027): electronic and hybrid voting will be extended to recognition and derecognition ballots.

Subject to Parliamentary approval, the regulations and accompanying code are expected to come into force in August 2026.