Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026

Baroness O'Grady of Upper Holloway Excerpts

Wednesday 22nd July 2026 Lords Chamber

[Baroness O’Grady of Upper Holloway (Lab)]

My Lords, it is a pleasure to follow the noble Lord, Lord Sharpe. However, I oppose the regret amendment and support these measures, which bring statutory union balloting into the 21st century, modernising an outdated postal-only system. Our primary purpose must be to make it easier for members to participate in their own union democracy. Higher turnout strengthens workers’ collective voice and ensures that votes are more representative of the membership.

All democrats should welcome these reforms; they have been a long time coming. Back in 2016, the then Conservative Government commissioned a review from Sir Ken Knight on union electronic balloting. However, the then Government never published a response. Even Sir Ken’s report acknowledged that a postal-only system disproportionately disenfranchises people with mobility disabilities and visual impairments, as well as young members, who are much more likely to rent and change address more frequently.

It also disadvantages significant groups of union members who spend long periods working away from home, such as offshore energy workers, seafarers, lorry drivers, cabin crew and air pilots, and construction and creative workers. So, I have no doubt that, in an age when we increasingly live our lives online, and, particularly post Covid, when growing numbers work online too, this reform will widen democratic participation.

Of course, it is right that concerns about cyber security and audits regarding e-ballots are taken very seriously. For unions, this will be addressed through the code of practice, and requirements such as ensuring scrutineers are Cyber Essentials Plus-accredited. I only wish that as stringent protection was required for company shareholder e-ballots, or indeed for e-ballots conducted by political parties—which have been running for years—given that the impact of any potential security breach for those organisations is at least as significant as for those conducted by trade unions.

The instruments in themselves do not change strike ballot thresholds or substantive legal tests, although of course this should pave the way for repeal of the 50% threshold which the Employment Rights Act ties to the introduction of e-balloting. Any update that the Minister can provide on how soon this will be progressed would be welcome.

It would also be helpful to have clarity on when phase 3 is going to happen and what could come from it. For example, unions want to be able to send ballots safely and securely to members’ workplace emails. Around a third of union membership databases can include workplace email addresses, so that change could help maximise participation too.

Finally, I would welcome reassurance from my noble friend the Minister that the extension of e-balloting to union recognition ballots will take place as early as possible in 2027.