Trade union reform: electronic and workplace balloting

1. Code of Practice and consultation response

The Government has published a draft Code of Practice, explaining how workplace ballots could operate in practice.  It’s also released its response to consultation on electronic and workplace balloting for statutory trade union ballots.  The draft Code is due to come into force in August 2026.

2. Trade unions could decide how to carry out ballot

If implemented, it will introduce new options for unions conducting statutory union ballots. Importantly, it will be for the trade union, and not the employer, to decide whether to conduct a ballot electronically, by post, or, where agreement can be reached, in the workplace.

3. New framework – requests for workplace balloting

For employers, the major development is the proposed framework for workplace balloting.

While workplace voting will only be permitted with employer consent, the draft Code places considerable emphasis on both parties approaching any request constructively. The Code suggests that employers should consider the impact on the wider employment relations climate before rejecting a request and should approach any request with an open mind.

4. How to avoid disputes about requests for consent

Employers considering a request for workplace balloting should therefore be prepared for potentially detailed discussions around access, operational disruption, confidentiality, security, and liability. The requirement to document these arrangements in advance may help reduce disputes, but it also creates another area where legal advice is likely to be required.

Agreeing to a workplace ballot could create a number of practical and legal considerations that will need to be carefully managed.

5. Employers to explain reasons for refusal

Where consent is refused, employers are expected to explain their reasons clearly to the union.

Employers should note that they are not required to bear the costs of a workplace ballot.

6. What’s a “voluntary access agreement”?

Before a workplace ballot can take place, the employer and union must enter into a written “voluntary access agreement”. This agreement must set out key operational details, including:

• the ballot location
• access arrangements for the independent scrutineer
• voting times
• operating hours
• emergency access provisions.

It must also contain commitments by the employer:

• not to unreasonably prevent eligible workers from voting
• not to monitor the voting location
• to cooperate with both the union and scrutineer in conducting the ballot.

7. What if one side breaches the agreement?

The draft Code also requires the agreement to address the consequences of any breach by the employer, including responsibility for resulting costs and the status of votes cast if a breach prevents the ballot from being completed. While the Code suggests that equivalent provisions should be included for union breaches, the detail of these arrangements is likely to become an important point of negotiation between the parties.

8. What should employers do now?

Start considering now how to respond to requests for workplace balloting, and whether internal policies or industrial relations strategies need to be updated in anticipation of the new regime.

Further reading

• Draft Code of Practice: right of trade unions to access workplaces – Gov.uk
• Government response to consultation on draft code of practice for eballoting – Gov.uk
• Trade union access rights – Hunter Law
• 4 trade union law essentials: Explained – Hunter Law
• Employment Rights Act 2025: key trade union changes – Hunter Law

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