Open consultation

Make Work Pay: recognition code of practice and e-balloting unfair practices

Summary

We are seeking views on the revised code of practice during recognition and derecognition processes and on proposals on unfair practices in electronic ballots.

This consultation closes at

Consultation description

Code of practice on access and unfair practices

The Employment Rights Act (ERA) makes several changes to the statutory trade union recognition process to ensure that workers have a meaningful right to organise through trade unions.

Before the changes can come into effect, the code of practice on access and unfair practices during recognition and derecognition process (‘the code’) must also be updated to reflect the legislative changes.

The government has redrafted the existing version of the code and is now seeking views on these changes before the code is finalised and brought into effect.

Unfair practices in electronic balloting

In the plan to Make Work Pay, the government committed to allow unions to use modern and secure electronic and workplace balloting for statutory ballots, bringing union participation in line with modern voting practices that policies parties and listed companies already use. Those statutory ballots include recognition and derecognition ballots.

Before electronic balloting is allowed for recognition and derecognition ballots, the government wants to ensure that the necessary safeguards are in place to stop interference in these ballots.

The second part of this consultation seeks views on government proposals to legislate for new unfair practices to prevent interference in electronic recognition and derecognition ballots.

Documents

Draft code of practice: access and unfair practices during the recognition and derecognition process

Request an accessible format.
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email digital@businessandtrade.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Make Work Pay: consultation on the revised code of practice on access and unfair practices and unfair practices in electronic ballots

Request an accessible format.
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email digital@businessandtrade.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Ways to respond

or

Email to:

tradeunionpolicy@businessandtrade.gov.uk

Write to:

Trade Union Policy Team
Employment Rights Directorate
Department for Business and Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY

Updates to this page

Published 4 February 2026

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