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Statutory guidance

Industrial action ballots and notice to employers: code of practice

Practical guidance to trade unions and employers to promote the improvement of industrial relations and good practice in the conduct of trade union industrial action ballots.

Updates to this page

From:
Department for Business, Innovation, Science and Trade and Department for Business and Trade
Published:
1 September 2005
Last updated:
25 August 2026
Show all updates

  1. Added link to 'Electronic and workplace balloting: code of practice'.

  2. The code of practice has been updated to reflect the legal provisions on industrial action ballots and information to employers made by the Employment Rights Act 2025.

  3. Updated the date this code is likely to remain effective until.

  4. Added explanation that this code of practice is in the process of being revised, but this version remains effective until 11.59pm on 17 February 2026.

  5. Finalised version of updated code published

  6. Explanatory memorandum added

  7. First published.

Applies to England, Scotland and Wales

Documents

Code of practice on industrial action ballots and notice to employers

PDF, 561 KB, 28 pages

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Details

New legislation allowing electronic and workplace balloting for statutory trade union ballots came into effect on the 25 August 2026. This includes changes to process of calling a statutory ballot, even if the ballot is to be held by post. From 25 August, the Trade Union ‘responsible person’ must consider specific factors and criteria in determining the balloting methods to be used.

Some information, including within the guidance, on this page may not reflect these legislative changes. Refer to the guidance on electronic and workplace balloting for trade union ballots and the Trade Union and Labour Relations (Consolidation) Act 1992 for the most up-to-date information on how statutory trade union ballots may be conducted and the requirements of the ‘responsible person’ in conducting a statutory ballot.

The information on this page and associated guidance will be updated to reflect the legislative changes.

The code was updated in March 2026 to reflect the legal provisions on industrial action ballots and notice to employers made by the Employment Rights Act 2025. It supersedes the code of practice on industrial action ballots and notice to employers issued in 2017.

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