Explanatory note

This Order appoints 25th August 2026 as the day upon which 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 Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) comes into effect. The Code of Practice is intended to support the implementation of the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026.

Article 3 of this Order provides that the Code of Practice does not apply where certain actions have been taken in respect of a ballot or election before 25th August 2026 (“the appointed day”). This matches the provision made in the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 for the application of that Order to ballots and elections.

The Code of Practice on Electronic and Workplace Balloting for Statutory Trade Union Ballots is available at https://www.gov.uk/government/publications/electronic-and-workplace-balloting-code-of-practice. A copy may also be inspected by contacting the Department for Business, Innovation, Science and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.

A full impact assessment has not been produced for this Order or the Code of Practice as no, or no significant, impact on the private, voluntary or public sector is foreseen. A de minimis assessment has been produced in relation to the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026, which is available at https://www.gov.uk/government/consultations/make-work-pay-draft-code-of-practice-on-electronic-and-workplace-balloting-for-statutory-union-ballots. A copy is also available from the Department for Business, Innovation, Science and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.