Employment Rights Act 2025 changes to trade union ballots

We are launching a series of employment law updates examining the key upcoming changes and new provisions being introduced under the Employment Rights Act (ERA) 2025. Over the coming weeks, we will consider the practical impact of the reforms as we approach their implementation dates. This first update focuses on the introduction of electronic and workplace balloting for statutory trade union ballots, which is due to come into force on 25 August 2026.

Employers should remain alert to further developments, including additional changes expected to come into force in October. We will be publishing further articles to provide guidance on those forthcoming changes.

Current situation and need for change

A ballot for statutory trade union ballots is a formal voting process conducted by trade unions under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992) for various purposes including industrial action, union elections, political fund resolutions, union mergers, and statutory recognition or derecognition.

At present, the law requires almost all statutory trade union ballots to be conducted solely by post. The need for this to be reformed stemmed from the view that this method was outdated and there was a drive to make participation easier, modernise the balloting process, and ensure ballot results best reflect the voices of working people.

The changes arise from the Labour Government’s ‘Plan to Make Work Pay: Delivering a New Deal for Working People’. Section 73 ERA 2025 will implement these changes, repealing previous provisions requiring a review of electronic balloting.

Reforms

A consultation introduced the following three methods of voting in addition to postal voting for certain statutory ballots:

• Electronic Voting – where the distribution of the voting materials, the casting, and the return of the votes, take place entirely through electronic means.
• Hybrid Voting – where voting materials are distributed by post, with members able to return their vote either by post or electronically (for example casting their vote online using a website).
• Workplace Voting – where members cast their vote in person at the workplace, via a physical ballot box and paper, or at an off-site location.

The government is delivering changes to balloting in three phases.

Phase 1:

Electronic and hybrid voting methods will be introduced for industrial action ballots, union election ballots, political fund/resolution ballots and union merger ballots, whilst workplace voting will be introduced for industrial action ballots only.

Phase 2:

The use of electronic and hybrid voting will be extended to recognition and derecognition ballots. The government intends to deliver this in 2027.

Phase 3:

The Senior Oversight Board to be established after the methods referred to in Phase One are established, will provide views on the implementation and potential enhancements to the electronic balloting and workplace balloting regime.

Comment

Employers should understand that while they will not be involved in the administration of any electronic or hybrid balloting, there may be practical implications if workplace balloting is to occur.

Employers can prepare for the introduction of electronic and workplace balloting for statutory trade union ballots by familiarising themselves with the new Code of Practice on electronic and workplace balloting and understanding their limited role in electronic balloting versus their active facilitation requirements in workplace balloting via access agreements.

How we can help

To discuss how these changes may affect your organisation or to obtain advice, please get in touch with charlotte.mcbride@collingwoodlegal.com. Our specialists are on hand to help you prepare with confidence.

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