Electronic balloting arrives: what the latest Trade Union reforms mean for employers

The Code of Practice on Electronic and Workplace Balloting for Statutory Trade Union Ballots came into force on 25 August 2026. The Code represents another step in the Government's wider programme of trade union reform. The Code permits unions to conduct industrial action ballots using electronic voting, hybrid voting (electronic and postal voting), and workplace voting, rather than relying solely on postal ballots. 

For employers, the significance of these changes is best understood in the context of the wider reforms introduced under the Employment Rights Act. These reforms have already removed the 50% turnout requirement for industrial action ballots and abolished the additional support threshold previously applicable to certain important public services. Against that backdrop, the introduction of electronic voting is likely to further reduce barriers to participation and increase ballot engagement.

Electronic voting enables workers to cast votes through personal email addresses, mobile phones or qualifying messaging services, making participation quicker and more convenient than traditional postal voting. The Code also permits unions to use different voting methods for different groups of workers and to combine methods within the same ballot. 

A further development is the introduction of workplace balloting for industrial action ballots. Workplace voting requires employer consent and involves in-person voting at or near the employer's premises under the supervision of an independent scrutineer. Employers considering whether to grant consent will need to weigh operational and practical considerations. 

Taken together, the removal of turnout thresholds and the introduction of more accessible voting methods are likely to make it easier for unions to secure lawful strike mandates. Employers should therefore expect industrial action ballots to become more effective and potentially more frequent than under the previous regime.