Form

Public selection process

Published 19 October 2026

Applies to England, Scotland and Wales

Summary of relevant law

Trade unions are required by statute to use the services of an independent qualified scrutineer when undertaking certain categories of ballot and election. Under the current law set out in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) and associated secondary legislation, only solicitors, accountants qualified to be company auditors and named organisations are defined as qualified to undertake this role.^{[footnote 1]}

The Central Arbitration Committee (CAC) (in Great Britain) is required by statute to use the services of qualified independent persons (QIPs) when carrying out trade union recognition and derecognition ballots. Under the current law, only solicitors, accountants qualified to be company auditors and named organisations are defined as qualified to undertake this role.^{[footnote 2]}

The organisations named in the legislation were identified following a public selection process inviting suitable candidates to apply. However, the statutory list of qualified organisations was last updated in 2017 and the situation among organisations qualified to undertake ballot-related work may have changed.

Furthermore, recent reforms to the legislative framework in Great Britain have updated the approach to trade union balloting, including the repeal of the majority of the Trade Union Act 2016, alongside the introduction of new voting methods. Certain statutory ballots^{[footnote 3]} are no longer primarily restricted to postal voting and may now be conducted using electronic and hybrid voting methods, and (in the case of industrial action ballots) workplace voting.

The Department for Business, Innovation, Science and Trade (BIST) is therefore running an open selection process to invite organisations to express their interest in offering such scrutineer services where they can demonstrate that they are suitably qualified.

In order to commence this public selection process, the department is hereby inviting:

• interested organisations currently not named in the statutory lists to apply for inclusion
• the currently named organisations able to complete scrutineer services to re-apply for inclusion in the statutory list (or lists) to ensure that both lists continue to reflect the capabilities required to supervise statutory ballots, including, where relevant, electronic and hybrid balloting

If an organisation that is currently named in the statutory lists does not re-apply for inclusion, its name will be removed from the list following this public selection process.

Background

Trade unions are required by law to use the services of an independent scrutineer when carrying out statutory ballots in 4 areas:

• industrial action ballots^{[footnote 4]}
• ballots to establish a union’s political fund
• ballots concerning a transfer of engagements or the amalgamation of unions
• elections to certain trade union positions

These ballots may now be conducted by postal, workplace, hybrid or electronic voting methods.

The CAC is required by law to use the services of a QIP when carrying out statutory ballots in 2 areas:

• ballots under the statutory recognition procedure to recognise a trade union for the purposes of collective bargaining
• ballots under the statutory derecognition procedure to de-recognise a trade union which was recognised via the statutory recognition process

These ballots can currently be conducted either by post, in the workplace, or via a combination of both methods.

Scrutineers and QIPs have certain statutory functions to perform in connection with these ballots. These centre on the supervision of the ballot or election. The scrutineer must also produce a report after the ballot or election, which among other things gives the result of the vote and states whether the scrutineer is satisfied that there are no reasonable grounds for believing that the ballot was conducted in contravention of the law. The QIP does not have to produce a report after the ballot but may be requested to produce a report by the CAC. These functions are described in more detail in Annex A.

In the case of postal voting for statutory union ballots, it is also usual practice for the scrutineer to act as the independent person who actually undertakes the ballot – that is, storing, distributing and counting voting materials. In the case of electronic or hybrid voting, the scrutineer must conduct the entire ballot.

Scrutineers are paid by the unions who hire their services. Unions are obliged to appoint only a solicitor, an auditor or one of the named organisations from the statutory list that they believe are independent and competent.

In respect of recognition and derecognition ballots, QIP’s fees are usually split equally between the employer and the trade union, though they are appointed to conduct ballots by the CAC. Unless using a solicitor or auditor, the CAC can appoint only those organisations from the statutory list that they believe are independent and competent.

Prior to a recognition or derecognition ballot, QIPs can also be appointed by the CAC, at the request of a trade union, to operate as a suitable independent person (SIP) and send information from the trade union to the workers concerned. The union alone is responsible for meeting the costs of these SIP assignments.

In light of the expansion of permitted voting methods, a new approach will be introduced consisting of a dual list of named organisations eligible to be appointed to provide scrutineer services for statutory trade union ballots and CAC ballots. This will comprise one list covering workplace and postal balloting, and a separate list covering electronic and hybrid balloting.

A scrutineer on the list for postal and workplace voting, will only qualify to be appointed for a ballot conducted by those balloting methods. A trade union or the CAC will not then be able to appoint them for a ballot being conducted using electronic or hybrid voting.

However, those that qualify for the electronic and hybrid voting list will also qualify to conduct postal and workplace ballots and will be added to both lists. This is because the electronic and hybrid voting list attributes supplement all those listed for postal and workplace voting.

This approach reflects the differing competencies, systems and assurances required for these distinct forms of balloting.

Attributes sought: postal and workplace balloting

These positions are highly responsible ones and involve sensitive issues concerning industrial relations and trade union affairs. It is therefore essential that the department select only those organisations which can show they have the full range of competencies and experiences needed.

In order to be named as an organisation able to provide services as a scrutineer or QIP for the conduct of postal and workplace ballots, organisations must satisfy the department that they are the following.

Independent and impartial

Applicants must show that they are not controlled by individual unions or potentially subject to undue commercial pressures from unions or employers.

They must adhere to the highest standards of probity and professional objectivity. Although for some ballots they are effectively ‘hired’ by the union, scrutineers must be able to highlight any wrongdoing or problems with a ballot.

Competent

Balloting requires attention to detail to ensure efficiency as well as to certify proper conduct. Successful applicants will need to show that they fully understand the pitfalls to be avoided, including any breach of data protection under UK General Data Protection Regulation (GDPR) and confidentiality.

They will also need to demonstrate an adequate knowledge of the law and accompanying codes of practice (see Annex A) regarding trade union balloting, recognition and derecognition ballots, and the statutory functions assigned to scrutineers and QIPs.

Adequately resourced

Ballots and elections must be held to tight timetables. Applicants will need to show that they have the staffing and other necessary resources to supervise and undertake postal and workplace balloting within the necessary timescales.

An organisation’s capability to supervise or run ballots across Great Britain should also be described.

Adequately experienced

Applicants will need to show that they have undertaken ballots competently, efficiently and professionally.

Alternatively, newly established organisations, or those organisations new to balloting, will need to show that they employ staff with such experience.

Attributes sought: electronic and hybrid balloting

These positions are highly responsible ones and involve sensitive issues concerning industrial relations and trade union affairs. It is therefore essential that the department selects only those organisations which can show they have the full range of competencies and experiences needed.

In order to be named as an organisation able to provide services as a scrutineer or QIP for the conduct of electronic and hybrid ballots, organisations must satisfy the department that they are the following.

Independent and impartial

Applicants must show that they are not controlled by individual unions or potentially subject to undue commercial pressures from unions or employers.

They must adhere to the highest standards of probity and professional objectivity. Although for some ballots they are effectively ‘hired’ by the union, scrutineers must be able to highlight any wrongdoing or problems with a ballot.

Competent

Balloting requires attention to detail to ensure efficiency as well as to certify proper conduct. Successful applicants will need to show that they fully understand the pitfalls to be avoided, including any breach of the technical requirements of electronic and hybrid voting methods, or breach of data protection under UK GDPR and confidentiality.

They will also need to demonstrate an adequate knowledge of the law and the accompanying codes of practice (see Annex A) regarding trade union balloting, recognition and derecognition ballots, and the statutory functions assigned to scrutineers and QIPs.

Applicants will need to show that they understand the risk profile associated with operating electronic balloting processes, particularly large scale and politically sensitive ballots, and have the understanding and capability to secure electronic ballots against intrusion or interference to a suitable standard.

Technical capability

For the conduct of electronic ballots, applicants must also demonstrate appropriate technical competence.

Applicants should be able to demonstrate that they have security information and event management (SIEM) tools in place to continually monitor the electronic voting system and alert them to any unauthorised intrusion.

Applicants will need to show that they have obtained or are on track to obtain the Cyber Essential Plus Certification of cyber security certification. In respect of the computer networks and systems they intend to use for conducting the ballot. Holding the Cyber Essentials Plus certification will mean that the scrutineer has appropriate technical controls in place to conduct electronic balloting.

Adequately resourced

Ballots and elections must be held to tight timetables. Applicants will need to show that they have the staffing and other necessary resources to supervise and undertake electronic and hybrid balloting within the necessary timescales.

An organisation’s capability to supervise or run ballots across Great Britain should also be described.

Any technical support required by voters using the electronic voting platform or electronic voting form to cast their vote must be provided by the independent scrutineer conducting the ballot. For example, the independent scrutineer should be able to provide support to individual voters in the case of technical issues, such as by providing telephone support to talk through how to vote, as well as troubleshoot and fix potential issues.

Adequately experienced

Applicants will need to show that they have previously undertaken a ballot that included the provision of electronic and hybrid voting methods competently, efficiently and professionally.

Alternatively, newly established organisations, or those organisations new to balloting or these voting methods, will need to show that they employ staff with such experience.

How to apply

Applications should be made in writing to the address given in this section. The department recommends that all applications are sent to the trade union email address provided. In their applications, organisations should clearly set out and explain how they meet the selection criteria outlined by following the application template provided by BIST.

Organisations should also clearly state which of the 2 balloting lists they are applying to join (workplace and postal ballots, or electronic and hybrid ballots). Organisations are permitted to apply for both or just one. This will help ensure applications are assessed against the correct criteria and avoid unnecessary delays.

Those applying for the electronic and hybrid ballots list, will automatically qualify for the workplace and postal ballots list if they so wish to be included in both, as the qualifying criteria remains the same for both lists, with added criteria solely for electronic and hybrid ballots.

Applications should contain the CVs of those individuals who lead within their organisations on balloting work.

Applications should also contain the names and addresses of 2 referees, preferably from organisations which have used the balloting services of the applicant organisation. These refereeing organisations do not have to have used the balloting services for a statutory ballot.

The public selection process was launched on 19 October 2026. Applications will need to reach BIST by 17 January 2027. This selection process will run for 12 weeks. Shortlisted applicants will be invited for interview which may be held virtually or at the BIST headquarters building in London.

Details of the interview will be provided to successful candidates. The interviewing panel will consist of a BIST official, an official of the CAC and an independent panel member.

Following the interviewing stage, the panel will make recommendations to BIST ministers who will make the final decisions relating to Great Britain.

If the outcome of this public selection process necessitates changes to any or all of the current legislation to add or remove named organisations, then BIST are committed to making those changes as quickly as possible.

Applications and enquiries should be made to:

Trade Union Policy, Employment Rights Directorate
Department for Business, Innovation, Science and Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY
tradeunionpolicy@businessandtrade.gov.uk

Annex A: list of supplementary sources

The functions of the independent scrutineer are very similar for each of the 4 areas of statutory ballots (industrial action ballots, trade union elections, ballots regarding political funds, and mergers between trade unions), and for recognition and derecognition ballots.

However, there are some differences between them. A distinction is also drawn in legislation between the independent scrutineer who has supervisory duties and produces a report on the ballot, and the independent person who is retained to assist with the ballot, for example, storing, distributing and counting voting materials. It is usual for the independent scrutineer also to act as the independent person.

For electronic voting, the independent scrutineer is responsible for distributing the voting access method to voters electronically. For union ballots this could be done by sending the voting access method in an email to a personal email address or in a message to a personal mobile telephone number or internet message via a qualifying internet messaging service.

Once electronic voting is permitted for statutory recognition and derecognition ballots, this will involve sending the voting access method in an email to a work email address. Electronic voting is not currently permitted for CAC ballots. However, it is in the process of being permitted.

The voter can then use the voting access method to access the electronic voting form and cast their vote electronically.

When the independent scrutineer issues the voting access methods to eligible voters, they must include the electronic voting instructions (this can be a link to them if sent electronically). Those instructions must state the name of the scrutineer and the date by which the vote must be cast. The instructions should also explain how to obtain technical support, which must be made available by the scrutineer.

For hybrid voting, the independent scrutineer sends a physical voting paper to the voter (with a return address for voting by post) as well as a voting access method which the voter may use if they wish to cast their vote electronically. The physical voting paper and voting access method must be sent to the voter by post. For hybrid voting, a physical copy of the electronic voting instructions must be included in the envelope with the hybrid voting materials.

Workplace voting is an in-person balloting process for industrial action ballots that is conducted on or near the employer’s premises at a suitable location permitted by the 1992 Act and operated entirely by the independent scrutineer.

The scrutineer is responsible for administering the vote, verifying voters’ eligibility and identity, issuing ballot papers, maintaining the security of the ballot, overseeing the ballot box and counting the votes. Members vote by attending the designated voting location during the ballot period, marking a paper ballot and placing it in a ballot box under arrangements designed to preserve the secrecy and integrity of the vote.

Workplace voting may operate as a standalone method or alongside postal, hybrid or electronic voting methods, but the conduct of the workplace ballot must ensure that all those eligible have an opportunity to vote and that votes are cast securely, remain secret, and can be accounted for and reported by the independent scrutineer.

For a CAC workplace ballot, the case manager will have notified the QIP when it is expected to be on the location for the workplace ballot and for what period. For example, in advance of the QIP’s appointment the case manager would have ascertained the necessary information via the employer in order to determine on any given week, how many hours and on what day(s) the QIP would need to be on site in order to capture everyone in the bargaining unit.

The workplace ballot should cover all workers in the bargaining unit, unless it is known in advance of any workers who would be absent on the day of the ballot, for example those taking sick leave, annual leave, maternity or paternity leave, and so on. Provisions will be made for those workers to vote by alternative means.

This is at the discretion of the CAC where the request has been made as far as in advance for it to be practicable for the QIP to issue the ballot paper and for it to be returned to it by the deadline provided for the ballot to end. If the QIP believes an unfair practice is taking place, for example, the employer is trying to influence the workers on which way to vote, it should notify the CAC.

BIST have issued a code of practice on e-balloting and workplace balloting (non-CAC workplace ballots) which includes further detail regarding the operation and provision of electronic, hybrid, and workplace (for industrial action ballots) voting.

The following sources provide greater detail on the types of ballots which the independent scrutineer will oversee. They also provide information on the overall legal context within which the ballot is placed, as well as describing the role and functions of both the scrutineer and the independent person.

Industrial action

Great Britain: The legislation covering industrial action is to be found in the Trade Union and Labour Relations (Consolidation) Act 1992, primarily in sections 226 to 235.

View guidance issued by former Department for Business and Trade (DBT) (now BIST) on industrial action ballots. This has not yet been updated to reflect new voting methods.

Trade union executive elections

Great Britain: The legislation for this can be found in the Trade Union and Labour Relations (Consolidation) Act 1992 sections 49 to 56A.

View guidance on trade union elections. This has not yet been updated to reflect new voting methods.

Trade union political funds

Great Britain: The legislation is contained in the Trade Union and Labour Relations (Consolidation) Act 1992 sections 73 to 81.

View guidance on trade union political funds and political fund ballots. This has not yet been updated to reflect new voting methods.

Trade union mergers

Great Britain: The law relating to these statutory ballots can be found in sections 97 to 104 of the Trade Union and Labour Relations (Consolidation) Act 1992.

Trade union recognition and derecognition ballots

Great Britain: The law relating to recognition and derecognition ballots can be found in Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992.

View guidance on trade union recognition.

View the draft revised code of practice on access and unfair practices during the recognition and derecognition process.

1. Legislation.gov, The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993 ↩

2. Legislation.gov, Recognition and Derecognition Ballots (Qualified Persons) Order 2000 ↩

3. Industrial action ballots, union elections, ballots on union political funds, ballots on amalgamations of unions, and ballots on transfers of engagements between trade union. ↩

4. If only postal balloting is used for industrial action ballots, then a scrutineer is only required for a ballot involving more than 50 people. If electronic, hybrid, or workplace voting is used, then a scrutineer is always required. ↩