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

Lord Leong Excerpts

Wednesday 22nd July 2026 Lords Chamber

Moved by

[Lord Leong]

That the draft Order laid before the House on 22 June be approved.

Relevant document: 8th Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Department for Business and Trade (Lord Leong) (Lab)]

My Lords, I shall also speak to the accompanying Code of Practice on Electronic and Workplace Ballots for Statutory Trade Union Ballots. I also note the regret amendment tabled by the noble Lord, Lord Sharpe of Epsom, and I am glad of the opportunity to debate these important reforms. I will address the concerns raised by the noble Lord during my remarks.

This statutory instrument and the accompanying code of practice were laid before Parliament on 22 June 2026. This instrument has a clear and straightforward purpose. It modernises the statutory framework governing certain trade union ballots by allowing secure electronic voting and workplace ballots, while preserving the integrity, secrecy and independence that are fundamental to every statutory union ballot. Alongside these reforms, it makes a minor consequential amendment to Section 105 of the Employment Rights Act 1996 to ensure that the legislation remains consistent following the changes made by the Employment Rights Act 2025.

These are measured and practical reforms that update how statutory ballots may be conducted. They do not alter the legal framework governing industrial action or trade union democracy. The legislation governing statutory trade union ballots was developed in an era when postal voting presented the most practical way to conduct nationwide ballots. That is no longer the world in which we live. Today, people routinely undertake secure and sensitive transactions online. Yet, under the current law almost all statutory trade union ballots must still be conducted solely by post. That approach has not kept pace with the way people live or work; it can be slower, more expensive and more administratively burdensome than modern alternatives.

The Government made a clear commitment in their Make Work Pay manifesto to modernise statutory trade union ballots by allowing secure electronic voting and workplace ballots. This instrument delivers that commitment. It introduces three additional methods of voting for statutory trade union ballots, with the exception of statutory recognition and derecognition ballots, which will be addressed separately in 2027. First, it permits electronic voting, allowing eligible members to cast their votes securely online using personal authentication credentials. Electronic voting will be available only when a union member has provided a personal email address or telephone number to the union. This ensures that voting materials are issued through personal channels and remain outside employer-controlled or union-controlled workplace communication systems.

Secondly, the instrument permits hybrid voting. Under this model, members will receive their voting materials by post but may choose whether to return their vote electronically or by post. No one will be required to vote electronically if they prefer not to do so.

Thirdly, the instrument allows workplace voting for industrial action ballots. This option is available only when both the employer and trade union agree, and the ballot is conducted under the supervision of an independent scrutineer in a suitable secure workplace location. Workplace voting reflects the fact that industrial action ballots concern workplace issues, while maintaining the same statutory safeguards that apply to every other lawful ballot. None of these new methods is mandatory. Postal voting remains available. Trade unions will decide which lawful voting method best suits their membership. The purpose of these reforms is to extend choice, not remove it.

Alongside this instrument, the Government have laid a draft code of practice on electronic and workplace ballots. The code provides detailed practical guidance on how these new voting methods should operate in practice. It complements the legislation by setting clear expectations on accessibility, administration, security and transparency.

I now turn directly the amendment tabled by the noble Lord, Lord Sharpe. The amendment raises concerns about ballot integrity, cyber security, verification, auditability, resilience and the operation of workplace ballots. I want to be clear that this instrument does not make industrial action easier to authorise without safeguards. It does not weaken ballot integrity, or ignore cyber security, verification, auditability or resilience, and it does not ignore the position of employers on consent, operational disruption, cost, privacy or security. The use of independent scrutineers remains mandatory. Cyber security certification for electronic methods, secure voter authentication and ballot secrecy are mandatory. Far from weakening confidence, these reforms strengthen participation while preserving the safeguards that Parliament has long regarded as essential.

This instrument brings statutory trade union ballots into the 21st century. It modernises the methods of voting without changing the fundamental principles of trade union democracy. It preserves the integrity, independence and secrecy that are essential in every statutory ballot. These are balanced, proportionate and carefully designed reforms. They make participation more accessible while maintaining confidence in the legitimacy of statutory ballots. I therefore hope that noble Lords will support both the instrument and the accompanying code of practice. I beg to move.

--- Later in debate ---

[Lord Leong (Lab)]

My Lords, I am very grateful for the support across the House, especially from the noble Lords, Lord Balfe and Lord Fox, for the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 and the Code of Practice on Electronic and Workplace Ballots for Statutory Trade Union Ballots. Today’s scrutiny and debate have been constructive and light-hearted, at some points. Noble Lords have raised interesting points on dispute resolution, workplace ballots and the next phases of delivery for the measure. They have also raised points on the 50% threshold, intimidation and dispute resolution, as I mentioned earlier. I will address these points briefly.

First, I will respond to the point raised by my noble friend Lady Jones of Whitchurch on dispute resolution. Industrial action should always be the last resort. It is costly for workers, employers and the wider public. That is why the Government are committed to a new era of partnership. We want employers, unions and government to work together, through co-operation, negotiation and meaningful engagement at workplace level. We intend to develop a new overarching industrial relations framework, working with stakeholders, such as employers and unions, to promote partnership, reduce conflict and support productivity and growth. That is a noble ambition.

I will now respond to the points raised by my noble friend Lady O’Grady. My noble friend and the noble Lord, Lord Sharpe, asked about the 50% threshold for industrial action ballots. To be clear, the order does not repeal that threshold, and the noble Lord, Lord Fox, also mentioned that. To commence Section 68 of the Employment Rights Act 2025, the Secretary of State must first lay a Statement before Parliament. This must set out how he has had regard to the impact of electronic and other non-postal voting methods on participation in industrial action ballots. The instrument delivers on our commitment to permit electronic and workplace balloting. The review of their impact on participation will then follow and inform the repeal of the 50% threshold.

My noble friend also asked about the use of workplace email addresses. Following implementation of the instrument, we plan to establish a senior oversight board, comprised of key stakeholders, to help assess how the new voting methods are working in practice and consider future enhancements, including the secure use of workplace email addresses. As it stands, we are not doing that now.

My noble friend also raised recognition and derecognition ballots. We are committed to extending electronic and hybrid voting to the Central Arbitration Committee-run recognition and derecognition ballots as part of phase 2 of delivery. We will deliver this as soon as practicable in the second half of 2027.

I will now turn to the various points raised by the noble Lord, Lord Sharpe. On workplace balloting, employers will not be forced to allow workplace voting. It can take place only where an employer agrees. Employers remain free to consider operational disruption, privacy, security and practical arrangements before giving that agreement. The union will continue to bear the cost of running the ballot itself, with no cost to the employer.

On the role of the responsible person, in practice this will be the trade union. That is because the union is best placed to understand its membership and communication methods when deciding the appropriate voting method or methods. It would not make sense to outsource this role to a third party, who will not have the information to make this determination.

I want to assure the noble Lord, Lord Sharpe, that this decision is not unfettered. The instrument sets out clear factors and criteria that must be applied before a voting method can be chosen. On cyber security, responsibility rests with the independent scrutineer. Scrutineers conducting electronic ballots must hold a valid Cyber Essentials Plus certificate for the networks and systems they use, and I have personal knowledge of how laborious it is to apply for the Cyber Essentials Plus certificate. It is something that one has to go through, and it is quite rigorous in its application. They are also responsible for operating the platform securely and ensuring that the legislative requirements are met. There will be extensive audit logging and monitoring throughout the ballot, and any security incident must be recorded. If the legislative requirements are not met, the union will not be able to rely on that ballot, and it must be rerun. I hope that provides reassurance to the noble Lord.

I want to be clear about what the order does: it steps away from the current bureaucratic and expensive requirements that all statutory union ballots must be held by post. It will bring the voting system for trade union ballots into the 21st century, and it delivers this change in a manner that ensures secure, secret and safe balloting. It will not, as we have heard today, weaken the safeguards relating to industrial action ballots. It will not weaken ballot integrity, and it will not leave questions of cyber security, verification, auditability, employer consent and costs unanswered.

Lastly, as I have already made clear, workplace voting can take place only where the employers agree. Employers remain able to consider operational disruptions, privacy, security and practical arrangements before giving that agreement. This is an overdue reform.

Before I conclude, I will touch on a couple of points raised by noble Lords. The noble Lord, Lord Sharpe, asked about organising a pilot. It is not necessary to pilot workplace balloting for statutory union ballots. The instrument is informed by detailed engagement with key stakeholders, including businesses, cyber security experts, unions and independent scrutineers, as well as public consultation on the draft code of practice on electronic and workplace ballots.

The noble Lord also asked about cost, and I did mention that there is no cost to the employer. The Government expect that individual unions will determine which voting arrangements best meet the operational needs and will bear the cost themselves.

The noble Lord also touched on the doctors’ strike. The Government will continue to engage closely with the BMA, ensuring that the NHS remains a place where doctors can develop rewarding and long-term careers. The Government are committed to building on the good progress that has already been made, cutting waiting lists and continuing to improve conditions for the staff who make their NHS work, in partnership with them.

The noble Lord, Lord Frost, made a point about pressure and intimidation. The Government fully recognise the importance of protecting members from any undue influence. That is why the statutory safeguards governing ballot conduct remain in place, regardless of the voting method. The company code of practice provides guidance on maintaining ballot secrecy and integrity, and independent scrutiny remains an important safeguard throughout the process. This legislation sets out clear safeguards and technical standards, ensuring the integrity and confidence of the ballot process while making it meaningfully easier and more convenient for working people to take part in the decisions that affect them.

I conclude by wishing all noble Lords who will not be here tomorrow a fantastic, restful Summer Recess.