The Government has published its response to two recent consultations: one on electronic and workplace balloting, and the second on new protections against detriments for taking part in industrial action.
Electronic and workplace balloting
The Government is proceeding with reforms to modernise the current postal-only system for statutory trade union ballots, introduced under the Employment Rights Act 2025.
The changes will be brought into force through secondary legislation, alongside a Code of Practice, once approved by Parliament.
Key changes
- Electronic, hybrid (electronic and postal), and in-person workplace voting methods will be permitted, and may be used in combination.
- The draft Code of Practice focuses on improving clarity and flexibility, including confirmation that multiple voting methods can be used together.
- A new provision will allow minor or accidental technical defects that do not affect the outcome of a ballot to be disregarded.
- Workplace ballots will require employer consent and the presence of an independent scrutineer.
What does this mean for employers?
These reforms are intended to increase accessibility and participation in union ballots. In practice, employers should expect a higher ballot turnout and a greater likelihood of industrial action thresholds being met. There will be reduced scope for employers to challenge ballots on technical grounds, given the introduction of the “small accidental failures” provision.
At the same time, the requirement for employer consent for workplace balloting preserves an element of control, although this may itself become a point of contention in industrial relations.
Next steps
The draft Code and accompanying statutory instrument have been laid before Parliament. Subject to approval, the new regime will come into force once the legislation is made. The initial phase (expected from August 2026) will cover industrial action and other union ballots, with union recognition ballots expected to follow in 2027.
Protection from detriment during industrial action
The Government has confirmed that it will introduce regulations to implement new protections under the Employment Rights Act 2025 to protect workers from being subjected to a detriment for taking part in industrial action.
Following consultation, it has decided to prohibit all detriments, where the sole or main purpose is to penalise, prevent or deter a worker from taking industrial action. It has rejected the more limited approach of specifying a list of prohibited detriments.
The Government has confirmed that proportionate deductions for strike action will not amount to a detriment. Compensation in detriment claims may be increased or decreased by up to 25% where there is a failure to follow the Acas Code of Practice.
The new rules are expected to come into force in October 2026.
What this means in practice
The introduction of a broad prohibition against detriment is likely to increase legal risk and scrutiny for employers during industrial disputes. It means that routine decisions (for example, disciplinary or performance action) may be challenged if linked to industrial action. Employers will need to clearly evidence the reasons for decisions taken during disputes to reduce the risk of successful tribunal claims.
Key Contacts
Audio versions of this article are autogenerated and occasional errors in interpretation may be made. The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article, please contact the author in the first instance. Law covered as at June 2026.