Historically, trade union ballots were required to be posted in order to be valid. However, as of 25 August 2026, workers are now able to vote electronically and through the workplace. This applies to statutory trade union ballots, including those for industrial action, political fund resolutions, union mergers and transfers, and union elections.
The person responsible for the election must determine how votes will be conducted, and can choose from the following:
· Postal voting, as has been used until now;
· Electronic voting, meaning the voting materials are sent electronically, and the voter can cast their vote electronically – for all types of statutory trade union ballots;
· Hybrid electronic voting, meaning the voting materials are sent by post, but the voter can choose between voting by post or electronically – for all types of statutory trade union ballots; and
· Workplace voting, where the voter votes in person by placing the ballot into a ballot box – for industrial action ballots only.
If a combination of voting methods is permitted, and multiple votes are cast by one voter, only one shall be counted. Which vote is counted will be decided based on the determination where the permitted voting method is set out, so it is important to pay attention to the responsible person’s announcement regarding how to vote.
There are also strict requirements for electronic voting, including the need for those overseeing the process to hold a “Cyber Essentials Plus” certificate and unique identification for voters, in order to preserve anonymity. If there are minor failures when complying with provisions for electronic voting, and they are unlikely to affect the result of the election, these will be disregarded.
Should you require advice on the changes regarding voting in trade union ballots, our Employment team at Curzon Green are here to help at employment@curzongreen.co.uk or by calling one of our offices.