Government publish regulations on electronic and workplace balloting

The Government has published regulations, alongside a draft code of practice, on electronic and workplace balloting, in accordance with the Employment Rights Act 2025. Both documents were laid before Parliament on Monday the 22nd June. 

In November 2025, the Government opened a consultation on the regulations, and their response to the consultation, as well as the draft code of practice, an explanatory memorandum and an impact assessment, can be found on the Government website, here.

The regulations are expected come into force in August.

Under the 1992 Act, postal voting was the only permitted method for most statutory trade union ballots and elections, with a physical voting paper sent by post to an eligible voter’s home address.

In their memorandum, the Government note that “postal voting is expensive, bureaucratic, and takes a long time to conduct. This voting method was implemented as a way of assuring that ballots are held in secret”, adding that:

The Government made clear in the Plan to Make Work Pay that it would allow modern, secure, electronic balloting and workplace ballots, as political parties and listed companies use, while ensuring the maintenance of high standards of engagement and participation.

Yesterday, the Government said:

“This consultation sought views on the clarity and accessibility of the draft statutory code of practice on electronic and workplace balloting for trade union ballots. The government is grateful to all those who took the time to respond.

The consultation received 69 responses from a range of stakeholders, including:

• employers
• trade unions
• business representative organisations
• academics
• legal experts
• local government bodies

Responses were carefully considered and helped inform revisions to the draft code of practice. This government response explains the changes made and the reasons for them.

The revised draft code of practice was laid in Parliament on 22 June 2026 alongside the secondary legislation allowing electronic and workplace balloting for statutory trade union ballots. Subject to approval by both Houses, the code is expected to come into force in August 2026.”

Initially, electronic and hybrid voting will be available for industrial action ballots, union elections, ballots on union political fund, ballots on amalgamation of unions and ballots on transfers for engagement between trade unions. Workplace balloting will only be available in ballots for industrial action. During 2027, changes will be made to introduce electronic and hybrid voting during recognition and de-recognition ballots.

The draft code can be found here.