Draft Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 Draft Code of Practice on Electronic and Workplace Ballots For Statutory Trafe Union Ballots

Gareth Davies Excerpts

Wednesday 8th July 2026 General Committees

[Gareth Davies (Grantham and Bourne) (Con)]

It is a great pleasure to serve on this Committee and, as always, to see you in the Chair, Ms Vaz. It is also a pleasure to see the Minister in her place. I thank her for the explanation that she offered of the Government’s intentions with the draft order.

It is important to make it clear from the outset that secondary legislation is always a balancing act. In this case, the balance is between modernising participation and trade union democracy, and ensuring that the safeguards protecting the integrity, security and fairness of statutory ballots keep pace with the methods used to conduct them. Those aims are not mutually exclusive, and it is our job to ensure that we get them right. To that end—this will be no surprise—I have a set of questions for the Minister, and I hope that she will be able to provide some answers.

First, parts 1 and 2 of the draft order will, for the first time, permit electronic, hybrid and workplace voting for statutory trade union ballots, as the Minister said. Paragraph 5.14 of the Minister’s explanatory memorandum explains the Government’s reasoning against the pilot for electronic balloting, but I could not see any equivalent justification for workplace balloting, which, as the impact assessment contained in the memorandum confirms, has not been costed. Will the Minister explain why workplace voting, an entirely new voting method, will be introduced by the draft order without a pilot or costed evidence?

Secondly, the Government confirm on page 2 that the trade union itself will be the responsible person determining which voting method or methods are used for its own statutory ballots. Will the Minister explain why the trade union has been designated the responsible person for its own ballots, rather than, for example, an independent scrutineer? How does she seek, under the proposed set-up, to avoid a conflict between the union’s interest in the ballot outcome and its judgment on the practicality and security of the method used?

Thirdly, paragraph 9.9 of the explanatory memorandum refers to a requirement for scrutineers’ electronic systems to be independently audited and certified. Will the Minister clarify which body is responsible for enforcing that standard and what happens if a system is found to be compromised or fails that certification process? Paragraph 9.2 gives an estimated annual savings range from

“£2.0 million to £8.2 million, depending on the level of take-up”,

which is confirmed in paragraph 9.3 as unknown. Why such a massive range from £2 million to £8 million, and why is there not a clearer estimate of the likely take-up of the new methods? As I said, the Government have said in their documentation that it is unknown. Paragraph 10.3 confirms that

“A statutory review clause is included in the instrument.”

When will that review take place, and what criteria will be used to judge whether the new voting methods have operated safely and fairly?

Finally, law firm Morgan Lewis has warned that this statutory instrument

“may reduce the scope for successful challenges based solely on procedural irregularities.”

What is the Minister’s reaction to that statement? Do the Government accept that the measures will narrow employers’ practical routes to challenge a ballot’s validity?

Overall, the draft order forms part of the wider Employment Rights Act 2025, which, as we in the official Opposition have consistently said, has damaged jobs and opportunity across our country. My party’s long-standing and long-held policy is therefore to oppose any parts of the legislation that we believe hand unions sweeping powers. As I have highlighted, real questions remain about the process used to bring this statutory instrument forward. For those clear reasons, we will vote against the measures.

[Kate Dearden]

I thank the shadow Minister for his remarks and questions.

The draft order addresses a simple issue: the current requirement to conduct statutory trade union ballots solely by post has not kept pace with how people engage today, and balloting has become an overly burdensome and expensive process. That is why the range of options I outlined—online, hybrid and workplace balloting—which the shadow Minister alluded to, are necessary. The requirement to conduct ballots by post was born out of the legitimate need to guarantee secrecy and protection from union, third-party or employer interference, but those principles will not be reduced by this statutory instrument; they will, in fact, be improved upon in many cases.

On the shadow Minister’s point about the chosen methods, electronic balloting has been a well-established option for businesses and political parties—including his own party—for many years. The Government will deliver modern and secure electronic workplace balloting, as we made clear in our manifesto and our wider Make Work Pay agenda. We are pleased to have progressed in that work and to have laid this legislation—it is a shame that the Opposition cannot support it. We have engaged with stakeholders, worked with experts and consulted on the draft code of practice to develop our approach to delivering the balloting methods for statutory union ballots. We are confident that our approach reduces bureaucracy and enables the increased participation of union members, while ensuring high security standards.

The shadow Minister reflected more widely on the varied options in the legislation and asked in particular about the review. We will, of course, keep him updated as we proceed with the wider scrutiny board and as the legislation comes into force. That is important, because we want to ensure that every measure in our Make Work Pay initiative and in the Employment Rights Act works in practice in workplaces across the country, particularly for trade unions.

That leads me to the shadow Minister’s second point, on the responsible person and the independent scrutineer. As he said, the responsible person will decide which voting method, or combination of methods, will be used to conduct a statutory ballot. When determining the method or combination of methods to be used for a ballot, the responsible person must apply the criteria and consider the factors specified in the legislation and the code of practice. Of course, if the union is acting on that ballot, it is best placed to decide what the combination of methods must be. That is why the responsible person is the trade union calling the ballot.

We are making the necessary legislation under section 54 of the Employment Relations Act 2004. Under that section, a new method may be permitted only if the Secretary of State considers that a ballot conducted by that method could meet the required standard. A method meets that standard

“if it is such that…those entitled to vote have an opportunity to do so…votes cast are secret…the risk of any unfairness or malpractice is minimised.”

[Gareth Davies]

The Minister has sought to address my question about the responsible person, but can she see the logic that I am trying to deploy? Why can a trade union be designated a responsible person, but an independent scrutineer cannot? Does she see how that opens up questions about the independence of the process, and did she think consider an independent scrutineer to avoid that criticism?

[Kate Dearden]

I was just getting to the powers that we are using for the statutory instrument. Trade unions will be required to be the responsible person because they are best placed to consider the factors and criteria before choosing the ballot method.

We have gone through the range of options that will be available. As I mentioned, the choice must include postal voting, even though that is not a new method. As I have mentioned, we have included in the legislation a presumption to reduce the factors and criteria to be considered for postal voting, to reflect the fact that it is a long-established method with which members will already be familiar and that trade unions know how best to approach it.

However, the responsible person must not be aware of

“any reason why it would not be possible to satisfy the requirements of the relevant legislation which relate to the means of voting which are to be used in the ballot or election.”

That has been made clear to trade unions, which will have been designated the responsible person, alongside the range of other options that they must consider. That communicates clearly to trade unions their roles and responsibilities as the responsible person. As the shadow Minister knows, the responsibilities of independent scrutineers will continue in their role under the legislation.

Independent scrutineers, which the shadow Minister asked about, are either named in or meet the requirements of the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993, which sets out clear requirements on who can be a scrutineer. The organisations named in that order have been independently conducting statutory ballots for many years, and we are confident in their independence. In the coming months, we will progress work on updating that order to expand the list of named permitted scrutineers. If he is interested, we will be happy to keep him updated on that particular work strand.

The shadow Minister asked about the impact assessment of the introduction of electronic balloting. The primary impacts include up to £70 million of net present social value. The introduction of new balloting methods for statutory trade union ballots simply brings them in line with modern voting practices used regularly by many other organisations, including political parties and private companies, as I said. Requiring them to pilot those balloting methods would unnecessarily restrict their ability to effectively engage with their members and ensure that their views are properly reflected.

We have no reliable evidence suggesting that electronic balloting will increase the frequency of participation. That is why a review will be important to our understanding of how the range of available balloting methods work out in different workplaces and trade unions. The range in savings estimates varies as it will depends on the uptake of the different balloting methods. As electronic ballots will require the use of personal email addresses or mobile numbers, unions will need to gather that information from their members before they commence.

The draft order details operational, audit and reporting requirements on electronic voting methods well beyond those required for postal voting, to ensure the security of the ballot and retain the confidence of the public in electronic voting. We have developed those clear, secure and proportionate approaches to enable statutory ballots to be conducted via means other than post. The draft order has been carefully considered, through engagement with stakeholders, to ensure that their legitimate concerns about security and interference are managed while ensuring that accessibility, democracy and ease of use remain central to the balloting process. The draft order requires stringent processes to be followed for the conduct of electronic balloting, to ensure that the integrity of the ballot remains unquestionable.

As I have mentioned, this change is long overdue. I am pleased we are the Government to finally introduce legislation to modernise these processes. I believe I have answered all the questions, and I look forward to the Committee’s support for the draft order and the associated draft code of practice.

Question put.