Make Work Pay: recognition code of practice and e-balloting unfair practices
Read the full outcome
Detail of outcome
This consultation sought views on the clarity and accessibility of the draft statutory code of practice on access and unfair practices and unfair practices in electronic ballots. The government is grateful to all those who took the time to respond.
The consultation received 920 responses from a range of stakeholders, including:
- employers
- trade unions
- business representative organisations
- academics
- legal experts
- local government bodies
Responses were carefully considered and helped inform revisions to the draft code of practice. This government response explains the changes made and the reasons for them.
The revised draft code of practice was laid in Parliament on 6 July 2026. Subject to approval by both Houses, the code is expected to come into force in October 2026.
Original consultation
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
Updates to this page
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Documents added: the government response to the consultation, an updated draft code of practice and an explanatory memorandum to the updated draft code of practice.
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First published.