Electronic and Workplace Balloting for Union Ballots - What Employer Consent Involves
Statutory trade union ballots went digital on 25 August 2026. The Trade Unions (Permissible Means of Voting) Order 2026 ended the postal-only era for industrial action ballots, union elections, political fund ballots and union merger ballots.
For employers, one part of the package needs a decision rather than just awareness. Unions can now ask you to consent to an industrial action ballot taking place in your workplace, and a statutory Code of Practice sets out how that request should be handled.
This guide covers what changed, what workplace balloting consent actually involves, and what to think about before giving or refusing it.
The New Balloting Rules at a Glance
| Question | Position from 25 August 2026 |
|---|---|
| Voting methods allowed | Postal, electronic or hybrid for industrial action, union election, political fund and merger ballots |
| Workplace voting | Industrial action ballots only, and only with the employer's consent |
| Mixing methods | Allowed in one ballot, with a statement telling voters which vote counts if they vote twice |
| Ballot security | The independent scrutineer must hold Cyber Essentials Plus covering the systems used |
| Recognition ballots (CAC) | Not included; electronic voting for these follows in 2027 |
| 50 per cent turnout requirement | Still in force; its repeal has not been commenced |
What Changed on 25 August 2026
Unions can now run statutory ballots electronically, by post, or as a hybrid of the two, under a statutory Code of Practice published on 28 July 2026 and in force alongside the Order. The Code does not create freestanding legal duties, but it is admissible in evidence before courts and tribunals.
Security sits with the independent scrutineer, who must hold a valid Cyber Essentials Plus certificate covering the balloting systems for the duration of an electronic or hybrid ballot. It is a notable endorsement of the scheme; our Cyber Essentials policies service covers what certification involves.
Recognition and derecognition ballots run by the Central Arbitration Committee are not in this wave. The government's implementation timeline lists those for 2027.
Why This Matters for Ballot Turnout
Electronic voting is widely expected to raise ballot turnout, and that matters because the 50 per cent turnout requirement for industrial action ballots is still law. The Employment Rights Act 2025 provision repealing it has not been commenced, and the government must first assess the effect of non-postal balloting on turnout before it can be.
The earlier wave of changes in February 2026 already removed the 40 per cent support threshold for important public services, cut industrial action notice from 14 days to 10, and extended ballot mandates from six to twelve months. Easier voting on top of those changes means ballots that once failed on turnout may now pass.
Workplace Ballots Need Your Consent
Workplace voting is only available for industrial action ballots, and only where the employer voluntarily consents. The union must confirm it has that consent before the ballot machinery starts, so the request will come to you first.
There is no obligation to agree. The Code says an employer should consider a request with an open mind and clearly explain the reasons for any refusal, but the decision is yours.
If you do consent, the ballot itself stays under the independent scrutineer's control. Voters show specified identification, ballot boxes belong to the scrutineer and votes are counted off site, with the preferred location being a room in the workplace, then a portacabin or vehicle on site, then a nearby off-site location.
What the Access Agreement Must Cover
Consent is given effect through a written agreement between the union and the employer, signed before the ballot and copied to the scrutineer. The Code expects it to cover, as a minimum:
- The voting location and the hours and days voting will run
- Access arrangements for the scrutineer, and emergency access for the employer
- The times workers will be permitted to vote
- Employer commitments not to unreasonably prevent eligible workers from voting, not to monitor the voting location, and to cooperate with the scrutineer and the union
- What happens if the employer breaches the agreement, including who bears costs and the status of votes already cast
The employer is not liable for the costs of running the ballot itself, but costs flowing from an employer breach of the agreement are payable directly to the union. The framework says nothing about withdrawing consent once given, so treat the signed agreement as the commitment it is.
Considerations Before Giving Consent
The no-monitoring commitment does real work. If CCTV covers the room or corridor where voting would happen, you will need to address it, and your surveillance and monitoring policies should say who decides and how.
Think about operational disruption during voting hours, how emergency access would work, and the precedent one consent sets for future requests. A reasoned, consistent position, applied through a short internal procedure, is easier to defend than ad hoc decisions ballot by ballot.
What Employers Should Do Now
Name an owner for balloting and union access requests, so the clock does not run while a letter sits in a shared inbox. From 30 October 2026 unions also gain a separate statutory right to request physical and digital workplace access, so the same owner will soon have more to handle; our guide to the right to join a union statement covers another piece of the same October wave.
Review your CCTV, monitoring and visitor policies against the access agreement commitments above. The wider sequence of changes is tracked in our Employment Rights Act timeline.
Employment Policy and Procedure Writers
Policy Pros writes the documents this regime touches: trade union and industrial relations policies, CCTV and monitoring policies, visitor and site access procedures and the handbook sections that tie them together. Our HR policy writing service can add a union request procedure to your existing framework or build the framework from scratch.
If a balloting or access request could plausibly land on your desk this year, contact us for a free quote, or call 020 3951 2875.
Frequently Asked Questions
Do employers have to allow workplace ballots?
No. Workplace voting for industrial action ballots is only permitted with the employer's voluntary consent. The Code of Practice says employers should consider requests with an open mind and explain any refusal, but there is no duty to agree.
Which union ballots can now be run electronically?
From 25 August 2026, industrial action ballots, union executive elections, political fund ballots and union merger ballots can be run by post, electronically or as a hybrid. Recognition and derecognition ballots run by the Central Arbitration Committee follow in 2027.
Does the 50 per cent turnout rule still apply to strike ballots?
Yes. The provision repealing the 50 per cent turnout requirement has not been commenced, and the government must first assess the effect of electronic balloting on turnout. Until then, a majority vote on at least 50 per cent turnout is still required for industrial action.
Who pays for a workplace ballot?
The employer is not liable for the costs of running the ballot. The written access agreement must set out what happens on an employer breach, though, and costs caused by a breach are payable directly to the union.
Can an employer watch the voting to check it is fair?
No. The access agreement must commit the employer not to monitor the voting location, and fairness is the independent scrutineer's job, including identification checks and an off-site count. CCTV covering the voting area needs to be addressed before the ballot.
