Electronic and workplace balloting for industrial action

Implementation date: 25 August 2026

The Employment Rights Act 2025 allows for the use of electronic and workplace balloting (rather than postal balloting) for industrial action.

The Government has published a Code of practice on electronic and workplace balloting for statutory trade union ballots.

Statutory trade union ballots include ballots for:

  • industrial action;
  • political funds and resolutions;
  • union elections; and
  • union mergers.

The legislation to implement the changes (the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 and the Code of Practice (Electronic and Workplace Balloting for Statutory Trade Union Ballots) Order 2026) has now been made and brings the new framework for electronic and workplace voting, together with the supporting code of practice, into effect on 25 August 2026.