Draft code of practice on electronic and workplace balloting for statutory union ballots
The government has concluded its consultation on a new code of practice for electronic and workplace balloting in statutory trade union ballots. The code will support wider reforms introduced through the Make Work Pay agenda.
The revised draft code of practice was laid before parliament on 22 June 2026, alongside the secondary legislation enabling electronic and workplace balloting. Subject to parliamentary approval, both the legislation and the code are expected to come into force this month (August 2026).
NHS employers should be aware that statutory trade union ballots may increasingly be conducted using electronic and workplace voting methods.
Organisations should familiarise themselves with the new code of practice and consider any local industrial relations implications as implementation approaches.
Background
The consultation sought views on a draft statutory code that will accompany new legislation allowing trade unions to conduct statutory ballots using:
- electronic voting
- workplace balloting
- postal voting where appropriate.
The aim is to modernise trade union balloting arrangements while maintaining confidence in the integrity, security and independence of statutory ballots.
What the code of practice will cover
The code provides practical guidance on:
- responsibilities for all parties involved in a statutory union ballot
- standards that ballots must meet
- factors to consider when selecting a voting method
- good practice for electronic and workplace ballots
- measures to ensure ballots remain secure, confidential, accessible and free from undue influence.
Key implications
The reforms are intended to:
- modernise statutory trade union balloting processes
- increase accessibility and convenience for union members
- support greater participation in statutory ballots.
- maintain safeguards around ballot secrecy, security and independence.
