This Order establishes 25 August 2026 as the commencement date for a new Code of Practice governing electronic and workplace balloting for trade unions in England, Wales, and Scotland.
It directs trade unions to follow specific guidance when conducting statutory ballots for industrial action, political resolutions, and union amalgamations.
The Order applies to trade unions, employers, and independent scrutineers involved in statutory voting processes, while exempting ballots that were already underway or formally initiated before the effective date.
Arguments For
The Secretary of State asserts that the Code of Practice contains practical guidance necessary for promoting the improvement of industrial relations.
The document states that the Code promotes desirable practices regarding how trade unions conduct ballots and elections.
Proponents indicate the Code supports the implementation of the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026.
The document notes that the Secretary of State consulted with the Advisory, Conciliation and Arbitration Service (ACAS) and modified the draft based on representations made during the preparation process.
Arguments Against
Legal observers may note that the Code's legal authority depends on its interaction with the Trade Union and Labour Relations (Consolidation) Act 1992, which could be subject to judicial interpretation.
Trade unions might express concern regarding the administrative burden of adapting to new electronic and workplace balloting standards by the August 2026 deadline.
The exclusion of a full impact assessment, because no significant impact was foreseen by the Department, might be questioned by stakeholders who anticipate higher compliance costs.
The transitional provisions create a dual system where some ballots follow old rules and others follow the new Code, which may lead to procedural confusion during the crossover period.
Citation, commencement, extent and interpretation
- -(1) This Order may be cited as the Code of Practice (Electronic and Workplace Balloting for Statutory Trade Union Ballots) Order 2026.
(2) This Order comes into force on 25th August 2026.
(3) This Order extends to England and Wales and Scotland.
(4) In this Order-
'the 1992 Act' means the Trade Union and Labour Relations (Consolidation) Act 1992;
'the Code of Practice' means the Code of Practice on Electronic and Workplace Balloting for Statutory Trade Union Ballots issued by the Secretary of State under sections 203(1) and 204(2) of the 1992 Act which was laid in draft before both Houses of Parliament on 22nd June 2026 and approved by a resolution of the House of Commons on 15th July 2026 and approved by a resolution of the House of Lords on 22nd July 2026.
This section establishes the official title of the Order and sets the commencement date as 25 August 2026.
It limits the geographic jurisdiction of the Order to England, Wales, and Scotland.
It also provides legal definitions for the 1992 Act and identifies the specific Code of Practice that Parliament approved in July 2026.
Appointed day for the Code of Practice
- The Code of Practice comes into effect on 25th August 2026.
This section mandates that the guidance contained within the Code of Practice becomes legally active on 25 August 2026.
From this date forward, the procedures described in the Code must be considered in the conduct of statutory trade union ballots.
It links the timing of the Code’s effect to the commencement of the Order itself.
Transitional provision
- -(1) The Code of Practice does not apply to-
- (a) a ballot or election in relation to which, before the appointed day, a scrutineer has been appointed;
- (b) a ballot held under section 73(1) (political resolution) of the 1992 Act in relation to which, before the appointed day, political ballot rules have been submitted to the Certification Officer for approval in accordance with section 74(1) of that Act;
- (c) a ballot held under section 97(1)(b) (amalgamation) or section 97(2)(b) (transfer of engagements) of the 1992 Act in relation to which, before the appointed day, the instrument of amalgamation or transfer has been submitted to the Certification Officer for approval in accordance with section 98(1) of that Act;
- (d) a ballot held under section 226(1)(a) (industrial action) of the 1992 Act in relation to which, before the appointed day, the trade union has given the employer notice in accordance with section 226A(1) of that Act.
- (2) In this article, 'the appointed day' means the date referred to in article 2.
This section outlines the circumstances under which the new Code of Practice does not apply to active or pending votes.
It exempts ballots where a formal independent supervisor (scrutineer) was appointed before 25 August 2026.
It also excludes ballots regarding political resolutions, union mergers, or industrial action if specific statutory notices or approval requests were submitted before the effective date.
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