Beyond the Employment Rights Bill - What electronic and workplace balloting could mean for employers

The UK government has today launched a consultation on a draft statutory Code of Practice on electronic and workplace balloting for statutory trade union ballots (the draft Code), alongside a detailed draft Code and impact assessment. These proposals sit alongside the Employment Rights Bill (the ERB) and are a key part of the government’s ‘Make Work Pay’ agenda. This blog post highlights the new balloting methods being proposed, the policy aims behind them and what they could mean for employers.

What is being proposed? 

Under the current statutory framework, almost all union ballots must be conducted by post, with limited scope for workplace ballots in recognition and derecognition scenarios. The government’s view is that this postal-only model is outdated, contributes to low turnout and imposes high costs on unions. It therefore intends to amend the legislation to authorise three additional voting methods, which can be used alone or in combination. 

• ‘Pure’ electronic balloting. A fully digital process where voting packs are distributed electronically, votes are cast and returned online via a secure voting platform. This would be available for industrial action ballots, political fund / resolution ballots, union election ballots and union merger ballots. This method may be extended to statutory recognition and derecognition ballots overseen by the Central Arbitration Committee (the CAC) by the end of 2026.
• Hybrid electronic balloting. Ballot papers are posted to voters, but members can either return their vote by post or cast it electronically using a ballot access method – for example, a code or link – provided in the paper pack. This would be available for the ballots mentioned above plus CAC statutory recognition, derecognition and Part III (bargaining unit change) ballots.
• Workplace balloting. In-person voting at or near the workplace using ballot papers and a physical ballot box. This new method would be available only for industrial action ballots, and only with the employer’s voluntary consent. It is currently already available for CAC recognition and derecognition ballots. 

Legislation provides the legal power for expanding the voting methods and allows the government to authorise additional voting methods, provided that postal voting remains available as one of these options. Therefore, the government will introduce these changes through a statutory instrument which will be subject to parliamentary approval. 

The draft Code – which will be statutory and admissible as evidence in court and CAC proceedings – will also be subject to parliamentary approval. It is ultimately intended to provide practical guidance on how the new methods should operate in practice. 

What are the policy aims? 

The consultation materials are clear that these reforms are not about changing when ballots are required or who can call them – they are about how those ballots are conducted. The core objectives which come through strongly are improving accessibility and participation, strengthening democratic mandates (through higher turnout), and reducing administrative costs for unions. 

At the same time, the government must be satisfied that any new method meets certain standards – that everyone entitled to vote has the opportunity to do so, votes are secret, and the risk of unfairness and malpractice is minimised. This explains the heavy focus in the draft Code on scrutineer qualifications, cybersecurity and audit trails – although those technical details are largely for scrutineers as opposed to employers. 

What does this mean for employers? 

Although the new balloting methods focus on union processes and scrutineer responsibilities, the proposals are likely to have several practical implications for employers. 

• A clear non-interference expectation. Employers are expected not to hinder workers’ ability to vote and not to attempt to use workplace systems to monitor participation. Examples given include seeking to determine whether workers using workplace Wi‑Fi or devices are voting, or trying to identify union members participating in an electronic ballot. Employers may want to review their IT monitoring practices and policies and check that any security controls are not used in ways that could be characterised as interference.
• Voluntary but regulated access. Workplace balloting for industrial action will only be possible with the employer’s voluntary consent. If consent is given, the union and scrutineer must agree a written access agreement with the employer. The draft Code also requires that the ballot location is secure, out of direct sight of management, and not monitored by CCTV. Employers may want to develop an internal playbook for responding to union requests for workplace balloting, including criteria for when to consent and template access terms.
• Higher turnout and impact on mandates. Electronic balloting will make ballots more accessible and likely increase turnout, which arguably requires unions to demonstrate a stronger mandate for any industrial action taken. This anticipated rise in turnout sits alongside other ERB changes such as extending industrial action ballot validity from six to 12 months. At the same time, the impact assessment emphasises that this may encourage more representative and predictable outcomes, which some employers may welcome.
• Increased employee engagement and union visibility. The consultation documents – and the ERB – both suggest an expectation of higher union engagement, particularly among younger workers and those comfortable with digital processes. The parallel proposals for a duty on employers to inform workers of their right to join a union and a right for unions to access workplaces (see more here) are likely to amplify that trend.

As with many elements of the ERB, the move to electronic and workplace balloting feels like the modernisation of a regime that was always going to have to change. How significant the impact will be on any given employer will depend less on the technology itself and more on levels of unionisation, the wider ERB reforms and how unions choose to use the new tools in practice. For more information on the ERB and its implications on employers, please see a summary of the key changes here and download our detailed ERB briefing here.