UK Advances Trade Union Balloting Reforms, Strengthens Protections for Workers Taking Industrial Action

The UK government has taken a further step in delivering its labour market reform agenda, publishing its response to consultations on trade union balloting reforms and protections for workers participating in industrial action.

ELECTRONIC VOTING AND ENHANCED INDUSTRIAL ACTION PROTECTIONS MOVE CLOSER TO BECOMING LAW

On 22 June 2026, the government laid before Parliament the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (the Order), together with a revised draft Code of Practice on Electronic and Workplace Balloting for Statutory Trade Union Ballots. Subject to parliamentary approval, the reforms will introduce new voting methods for a range of statutory trade union ballots, including industrial action ballots.

The government confirmed its intention to strengthen protections for workers participating in official industrial action by introducing regulations prohibiting detriments imposed for the purpose of penalising, preventing, or deterring participation in such action.

Taken together, these developments represent another significant stage in the government's programme of trade union and industrial relations reform. While the introduction of workplace voting has attracted attention, the most significant practical change for many employers is likely to be the introduction of electronic voting and the broader shift towards facilitating participation in statutory trade union ballots.

NEW VOTING METHODS FOR STATUTORY TRADE UNION BALLOTS

The Order will amend the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) to permit three additional voting methods alongside traditional postal voting:

• Electronic voting, where voting materials are issued electronically and votes are cast electronically
• Hybrid voting, where voting materials are sent by post, but members may vote either electronically or by post
• Workplace voting, available only for industrial action ballots, where members vote in person at their workplace or at an agreed off-site location

The new electronic and hybrid voting arrangements will apply to industrial action ballots, political fund and political resolution ballots, trade union elections, and union merger ballots.

For the time being, statutory recognition and derecognition ballots conducted by the Central Arbitration Committee (CAC) are excluded from the reforms. However, the government has stated that it intends to introduce electronic and hybrid voting for such ballots during 2027.

The substantive balloting provisions will come into force 28 days after the Order is made.

DETAILED SAFEGUARDS FOR ELECTRONIC AND HYBRID VOTING

The Order includes detailed safeguards designed to preserve ballot integrity and secrecy.

Among other requirements:

• each voter must be provided with a unique voting access method;
• voting credentials must become ineffective once used;
• personal information and voting information must be held separately;
• voting data must be retained for one year following the declaration of the result; and
• trade unions must determine in advance which voting method or methods will be available and which categories of members will be eligible to use them.

The accompanying Code of Practice provides additional guidance on compliance with these requirements and the practical operation of the new voting arrangements.

WORKPLACE VOTING REMAINS DEPENDENT ON EMPLOYER AGREEMENT

The reforms will also introduce workplace voting for industrial action ballots.

Importantly, however, workplace voting cannot be implemented unilaterally by a trade union. It will require a written agreement between the union and the employer before the ballot takes place. Voting may take place either at the workplace itself or at an agreed off-site location meeting prescribed statutory requirements.

In practice, workplace voting may prove attractive in some sectors with concentrated workforces and established union representation. However, the more significant change for most employers is likely to be the introduction of electronic and hybrid voting methods, which remove some of the practical and administrative constraints associated with postal-only ballots.

SMALL ACCIDENTAL FAILURES WILL NO LONGER AUTOMATICALLY INVALIDATE BALLOTS

The revised Code of Practice reflects a broader policy objective of reducing the likelihood that minor procedural errors will invalidate otherwise lawful ballots.

A new standalone section addresses the recently introduced concept of "small accidental failures to be disregarded." Under this approach, certain minor and accidental failures to comply with statutory requirements may be disregarded where they do not affect the outcome of the ballot.

Although the scope of the provision will ultimately be tested in practice, it reflects a continuing trend away from technical challenges based on procedural defects and towards an assessment of whether any noncompliance has materially affected the validity of the ballot.

The Code of Practice is expected to come into force in August 2026, subject to parliamentary approval.

ENHANCED PROTECTION FROM DETRIMENT FOR TAKING OFFICIAL INDUSTRIAL ACTION

Separately, the government has published its response to consultation on protections for workers participating in official industrial action.

The government has confirmed that it intends to introduce regulations prohibiting employers from subjecting workers to any detriment where the sole or main purpose is to penalise participation in official industrial action, prevent participation in official industrial action, or deter participation in official industrial action.

The power to introduce these protections was created by section 76 of the Employment Rights Act 2025.

The government rejected proposals for a limited list of prohibited detriments, concluding that a broader prohibition would provide stronger protection and reduce opportunities for circumvention.

Importantly, the proposed protections will not affect an employer's ability to withhold pay for periods during which employees participate in strike action.

The regulations are expected to come into force in October 2026.

WHAT DOES THIS MEAN FOR EMPLOYERS?

Electronic Voting Is Likely to Be the Most Significant Practical Reform

Although workplace voting has generated considerable discussion, the introduction of electronic and hybrid voting is likely to have the greatest practical impact.

The government's objective is to make participation in statutory ballots more accessible and convenient. While the impact will vary between sectors and individual disputes, employers may see trade unions achieving higher levels of engagement in ballots and benefiting from reduced administrative burdens associated with organising statutory votes.

Technical Challenges to Ballots May Become Less Attractive

The reforms continue a broader legislative trend away from technical litigation concerning ballot defects.

The combination of modernised voting methods, detailed statutory safeguards and the ability to disregard certain minor accidental failures may reduce the scope for successful challenges based solely on procedural irregularities. As a result, employers may find that substantive industrial relations engagement and dispute resolution become increasingly important relative to procedural challenges.

Employers Should Expect Early Use of the New Regime

Where electronic voting is available, many unions may be expected to explore the opportunities presented by the new framework relatively quickly.

This may be particularly relevant in sectors with established trade union organisation and a history of industrial action, including transport, education, healthcare, and local government, where unions may view the reforms as facilitating member engagement and participation.

Detriment Protection May Prove the More Significant Long-Term Change

While electronic voting reforms are likely to attract immediate attention, the forthcoming detriment protections may ultimately prove more consequential from a litigation and risk-management perspective.

A broadly drafted prohibition on detriments imposed for the purpose of deterring or penalising participation in official industrial action could create a significant new area of legal risk. Employers will need to carefully assess decisions affecting workers involved in industrial action, including disciplinary action, performance-related measures, incentives, attendance-related processes, and other workplace benefits.

Once the regulations are published, employers should review existing industrial action response strategies and policies to ensure they remain compatible with the new framework.

LOOKING AHEAD

Assuming parliamentary approval is secured, employers can expect the new electronic, hybrid and workplace balloting framework to take effect later this summer, with the new detriment protections expected to follow in October 2026.

The reforms form part of a wider programme of employment law and industrial relations change. Employers with unionised workforces should consider reviewing their industrial relations strategies, industrial action contingency planning, and collective engagement processes in anticipation of the new regime.

Partner Matthew Howse spoke to John van der Luit-Drummond on the Counsel without Borders podcast on this topic, listen to the full podcast.