Electronic and Workplace Balloting Code of Practice: What Employers Need to Know

A new statutory Code of Practice on Electronic and Workplace Balloting has been issued and comes into force on 25 August 2026. It sets out how trade unions can use electronic and in-person workplace voting for statutory ballots, including industrial action ballots. It is a significant change to how union ballots have traditionally worked in the UK.

Why This Is a Big Deal

Until now, most statutory union ballots, including those for industrial action, could only be conducted by post. Under the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026, unions can now also ballot members electronically, or in person at or near the workplace. The Code sets out the detailed rules independent scrutineers and unions must follow to use these new methods lawfully.

What Employers Need to Know

Workplace balloting requires employer consent. A union cannot hold a workplace ballot for industrial action without the employer's agreement. If a request is made, employers should consider it with an open mind and if declining, clearly explain their reasons to the union.

A written voluntary access agreement is required. Where an employer does agree to a workplace ballot, the Code requires a signed, written agreement covering the ballot location, access arrangements, operating hours and what happens if either party breaches the agreement, including who bears any resulting costs.

Employers cannot monitor the ballot. The Code is explicit that qualifying voting locations should not be monitored by the employer, whether by CCTV or otherwise, and that employers must not unreasonably prevent eligible voters from casting their vote.

Costs sit with the union. Employers are not liable for the costs of workplace balloting, including any workplace installation such as a portacabin or vehicle used as a voting station.

Security standards are high for electronic ballots. Independent scrutineers running electronic ballots must hold a valid Cyber Essentials Plus certificate, use end-to-end encryption to at least AES256 standard and maintain detailed audit logs for 12 months after the result is announced. This is designed to protect the integrity of ballots, particularly for industrial action votes.

What Employers Should Do Now

With industrial action ballots moving away from post-only voting, employers should:

• Review how requests for workplace balloting will be handled, including who within the organisation will consider and respond to them.

• Understand the voluntary access agreement requirements, so that if a request is made, HR and legal teams aren't starting from scratch.

• Brief line managers, so they understand that qualifying voting locations must not be monitored or interfered with once an agreement is in place.

• Take advice early if a workplace ballot request is received, given the potential industrial relations implications of both agreeing and refusing.

Summary

This Code marks a genuine shift in how industrial action and other statutory union ballots can be conducted, moving beyond postal-only voting for the first time. While the detailed obligations largely fall on unions and independent scrutineers, employers have real decisions to make, particularly around workplace balloting requests, and real obligations once an access agreement is signed.

Do you need advice or support in relation to Union obligations?

Contact Oliver Tasker today:

📞 Call: 01522 776270 ✉️ Email: oliver@impactemploymentlaw.co.uk

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