The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026

4 Amendment of Chapter 6 of Part 1

(1) Chapter 6 of Part 1 (application of funds for political objects) is amended as follows. (2) After section 72A insert— Trade union without a branch or section in Northern Ireland: political resolution Application of sections 72C to 72P 72B Sections 72C to 72P apply in relation to a trade union which does not have a branch or section in Northern Ireland. Passing and effect of political resolution 72C (1) A political resolution must be passed by a majority of those voting on a ballot of the members of the trade union held in accordance with, so far as applicable, sections 72D to 72P and Schedule A1A. (2) A political resolution so passed has effect as if it were a rule of the union and may be rescinded in the same manner and subject to the same provisions as such a rule. (3) Where a political resolution (“the old resolution”) is in force and a ballot is held on a new political resolution, then— (a) if the new resolution is passed, the old resolution is to be treated as rescinded, and (b) if it is not passed, the old resolution ceases to have effect at the end of the period of two weeks beginning with the date of the ballot. Approval of political ballot rules 72D (1) A ballot on a political resolution must be held in accordance with rules of the trade union (its “political ballot rules”) approved by the Certification Officer. (2) Fresh approval is required for the purposes of each ballot which it is proposed to hold, notwithstanding that the rules have been approved for the purposes of an earlier ballot. (3) The Certification Officer must not approve a union’s political ballot rules unless the Certification Officer is satisfied that the requirements, so far as applicable, set out in sections 72E to 72P and Schedule A1A, would be satisfied in relation to a ballot held by the union in accordance with the rules. Responsible person’s determination of means of voting 72E (1) Before the ballot is held, the responsible person for the ballot must make a determination about the means of voting in the ballot. (2) The determination must set out which one or more of the permissible means of voting is available for the ballot. (3) Where the determination provides that more than one permissible means of voting is available for the ballot, the determination must also set out— (a) that each of those means is available for each person who is entitled to vote in the ballot, or (b) which one or more of those means is available for one or more of the following— (i) particular persons who are entitled to vote in the ballot; (ii) particular descriptions of persons who are entitled to vote in the ballot. (4) Where the determination includes provision under subsection (3)(b), the determination must be such that at least one permissible means of voting is available for each person who is entitled to vote in the ballot. (5) Where the determination provides— (a) that more than one permissible means of voting is available for a particular person or description of persons, or (b) that hybrid voting is available for a ballot, the determination must include provision setting out which vote is to be counted in a case where a person casts more than one vote (and section 72I(4) applies for the purposes of construing the number of votes cast by a person). (6) Schedule ZA1 sets out further requirements in relation to a determination by the responsible person. (7) The responsible person for a ballot under section 72C(1) is the trade union to which the ballot relates. (8) The permissible means of voting for a ballot under section 72C(1) are— (a) postal voting; (b) hybrid voting; (c) electronic voting. (9) In this Chapter— (a) “selected means of voting” means, in relation to a ballot, a permissible means of voting that is available for the ballot as a result of a determination under this section; (b) a person is “eligible to vote” in a ballot by a particular means of voting if the determination under this section for the ballot sets out that that means is available for the person (see subsection (3)). Appointment of independent scrutineer 72F (1) The trade union must, before the ballot is held, appoint a qualified independent person (“the scrutineer”) to carry out— (a) the functions in relation to the ballot which are required under this section to be contained in the scrutineer’s appointment, and (b) such additional functions in relation to the ballot as may be specified in the scrutineer’s appointment. (2) A person (“P”) is a qualified independent person in relation to a ballot if— (a) P satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or P is so specified, (b) the trade union has no grounds for believing either that P will carry out any functions conferred on P in relation to the ballot otherwise than competently or that P’s independence in relation to the union, or in relation to the ballot, might reasonably be called into question, and (c) in the case of a ballot for which electronic voting or hybrid voting is a selected means of voting, the computer networks and systems which P intends to use for conducting the ballot are covered by one or more qualifying Cyber Essentials Plus certificates awarded to P. The power to make an order under paragraph (a) is exercisable by statutory instrument and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament. (3) For the purposes of subsection (2)— (a) “Cyber Essentials Plus certificate” means a certificate awarded in accordance with Cyber Essentials Plus Test Specification v3.2, or a later version of that document, published by the Government Communications Headquarters; (b) a Cyber Essentials Plus certificate awarded to a person is a “qualifying Cyber Essentials Plus certificate” if its expiry date is such that the certificate will remain valid for the duration of the ballot for which the person is appointed. (4) The scrutineer’s appointment must require the scrutineer— (a) in relation to voting papers sent or to be sent in accordance with section 72K (postal voting: voting paper and method of voting)— (i) where someone other than the scrutineer is appointed under section 72L, to supervise the production and distribution of the voting papers; (ii) otherwise, to supervise the production of the voting papers, undertake the distribution of the voting papers and be the person to whom the voting papers are returned; (b) in relation to voting papers sent or to be sent in accordance with paragraph 14(1) of Schedule A1A (hybrid voting), to supervise the production of the voting papers, undertake the distribution of the voting papers and be the person to whom the voting papers are returned; (c) where electronic voting forms are to be used for the ballot— (i) to generate and distribute voting access methods; (ii) to maintain the electronic voting system; (iii) to maintain the audit logs; (iv) to appropriately retain relevant personal information, voting information, voting access method information and the audit logs; (d) to— (i) inspect the register of names and addresses of the members of the trade union, or (ii) examine the copy of the register as at the relevant date which is supplied to the scrutineer in accordance with subsection (10)(a), whenever it appears to the scrutineer appropriate to do so and, in particular, when the conditions specified in subsection (5) are satisfied; (e) to take such steps as appear to the scrutineer to be appropriate for the purpose of enabling the scrutineer to make the report (see section 72O); (f) to make the report to the trade union as soon as reasonably practicable after the last voting day; (g) to retain custody of all voting papers returned for the purposes of the ballot and the copy of the register supplied to the scrutineer in accordance with subsection (10)(a)— (i) until the end of the period of one year beginning with the announcement by the union of the result of the ballot, and (ii) if within that period an application is made under section 79 (complaint of failure to comply with ballot rules), until the Certification Officer or the court authorises the scrutineer to dispose of the papers or copy. (5) The conditions referred to in subsection (4)(d) are— (a) that a request that the scrutineer inspect the register or examine the copy is made to the scrutineer during the appropriate period by a member of the trade union who suspects that the register is not, or at the relevant date was not, accurate and up-to-date, and (b) that the scrutineer does not consider that the member’s suspicion is ill-founded. (6) In subsection (5) “the appropriate period” means the period— (a) beginning with the day on which the scrutineer is appointed, and (b) ending with the day before the day on which the scrutineer makes the scrutineer’s report to the trade union. (7) The duty of confidentiality as respects the register is incorporated in the scrutineer’s appointment. (8) The trade union must ensure that nothing in the terms of the scrutineer’s appointment (including any additional functions specified in the appointment) is such as to make it reasonable for any person to call the scrutineer’s independence in relation to the union into question. (9) The trade union must, before the scrutineer begins to carry out the scrutineer’s functions, either— (a) send a notice stating the name of the scrutineer to every member of the union to whom it is reasonably practicable to send such a notice, or (b) take all such other steps for notifying members of the name of the scrutineer as it is the practice of the union to take when matters of general interest to all its members need to be brought to their attention. (10) The trade union must— (a) supply to the scrutineer as soon as is reasonably practicable after the relevant date a copy of the register of names and addresses of its members as at that date, and (b) comply with any request made by the scrutineer to inspect the register. (11) Where the register is kept by means of a computer the duty imposed on the trade union by subsection (10)(a) is either to supply a legible printed copy or (if the scrutineer prefers) to supply a copy of the computer data and allow the scrutineer use of the computer to read it at any time during the period when the scrutineer is required to retain custody of the copy. (12) The trade union must ensure that the scrutineer duly carries out the scrutineer’s functions and that there is no interference with the scrutineer’s carrying out of those functions which would make it reasonable for any person to call the scrutineer’s independence in relation to the union into question. (13) The trade union must comply with all reasonable requests made by the scrutineer for the purposes of, or in connection with, the carrying out of the scrutineer’s functions. (14) The trade union must, so far as reasonably practicable, send to the scrutineer at least one of the following in respect of each person who is eligible to vote by electronic voting— (a) an email address which meets the requirements in subsection (15); (b) a mobile telephone number which meets the requirements in subsection (15). (15) The requirements are that the email address or mobile telephone number— (a) was not provided to the person by and is not controlled by— (i) the person’s employer in their capacity as the person’s employer, or (ii) the trade union, (b) has not been provided to the scrutineer in respect of any other person for the purposes of the ballot, and (c) has been provided by the person to the trade union for the purpose of communication between the person and the trade union. (16) In this section— “last voting day” means the later of the following days, so far as applicable— the last day for the return of voting papers; the last day for submission of electronic voting forms; “the relevant date” means— where the trade union has rules determining who is entitled to vote in the ballot by reference to membership on a particular date, that date, and otherwise, the date, or the last date, on which voting materials are distributed for the purposes of the ballot; “voting materials” means either or both of the following, as applicable— voting access methods; voting papers. Entitlement to vote 72G Entitlement to vote in the ballot must be accorded equally to all members of the trade union. Voting 72H (1) Every person who is entitled to vote in the ballot must— (a) be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and (b) so far as is reasonably practicable, be enabled to do so without incurring any direct cost to themselves. (2) So far as is reasonably practicable, every person who is entitled to vote in the ballot must be given a convenient opportunity to vote. (3) The ballot must be conducted so as to secure that— (a) so far as is reasonably practicable, those voting do so in secret, and (b) the votes given in the ballot are fairly and accurately counted. For the purposes of paragraph (b) an inaccuracy in counting must be disregarded if it is accidental and on a scale which could not affect the result of the ballot. Counting of votes where multiple votes cast by same person 72I (1) This section applies where the responsible person for the ballot has determined that a person is eligible to vote in the ballot by more than one means of voting, or that a person is eligible to vote in the ballot by hybrid voting. (2) Where this section applies— (a) only one vote cast by the person is to be counted, (b) the vote which is to be counted is to be determined in accordance with provision in the determination made by virtue of section 72E(5), and (c) that provision and an explanation of its effect must be sent to the person along with the voting materials for the ballot. (3) In this section— “responsible person” is to be interpreted in accordance with section 72E; “voting materials” means— voting papers, and voting access methods. (4) For the purposes of this section, each of the following is to be treated as casting a separate vote— (a) returning a voting paper which was sent in accordance with paragraph 14(1) of Schedule A1A; (b) submitting an electronic voting form where the voting access method used to access the electronic voting form was sent in accordance with paragraph 14(1) of Schedule A1A. Postal voting 72J Where postal voting is a selected means of voting for a ballot, sections 72K and 72L apply in relation to postal voting in the ballot. Postal voting (voting paper and method of voting) 72K (1) So far as is reasonably practicable, every person who is eligible to vote by postal voting must have a voting paper sent to them by post at their home address or another address which they have requested the trade union in writing to treat as their postal address. (2) Each voting paper must— (a) state the name of the independent scrutineer and clearly specify the address to which, and the date by which, it is to be returned, (b) be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot, and (c) be marked with its number. (3) Where a person chooses to vote by postal voting, the person votes by marking the voting paper sent to them. Postal voting (counting of votes etc. by independent person) 72L (1) The trade union must ensure that— (a) the storage and distribution of the voting papers for the purposes of the ballot, and (b) the counting of the votes cast in the ballot, are undertaken by one or more independent persons appointed by the union. (2) A person appointed by the union (“P”) is an independent person in relation to a ballot if— (a) P is the scrutineer, or (b) P is a person other than the scrutineer and the trade union has no grounds for believing either that P will carry out any functions conferred on P in relation to the ballot otherwise than competently or that P’s independence in relation to the union, or in relation to the ballot, might reasonably be called into question. (3) An appointment under this section must require P to carry out P’s functions so as to minimise the risk of any contravention of requirements imposed by or under any enactment or the occurrence of any unfairness or malpractice. (4) The duty of confidentiality as respects the register is incorporated in an appointment under this section. (5) Where P is not the scrutineer, the appointment must require P to send the voting papers back to the scrutineer as soon as reasonably practicable after the counting has been completed. (6) The trade union— (a) must ensure that nothing in the terms of an appointment under this section is such as to make it reasonable for any person to call into question P’s independence in relation to the union, (b) must ensure that P duly carries out P’s functions and that there is no interference with P’s carrying out of those functions which would make it reasonable for any person to call into question P’s independence in relation to the union, and (c) must comply with all reasonable requests made by P for the purposes of, or in connection with, the carrying out of P’s functions. Electronic voting 72M Where electronic voting is a selected means of voting for a ballot, Parts 1 and 2 of Schedule A1A apply in relation to electronic voting in the ballot (and Part 4 of that Schedule applies for the purposes of Parts 1 and 2). Hybrid voting 72N Where hybrid voting is a selected means of voting for a ballot, Parts 1 and 3 of Schedule A1A apply in relation to hybrid voting in the ballot (and Part 4 of that Schedule applies for the purposes of Parts 1 and 3). Scrutineer’s report 72O (1) The scrutineer’s report on the ballot must state, so far as relevant— (a) the means of voting by which votes have been cast in the ballot, (b) the number of persons who were entitled to vote in the ballot, (c) the number of voting papers returned to the scrutineer, (d) the number of electronic voting forms submitted, (e) the number of valid votes cast in the ballot for and against the resolution, (f) the number of spoiled or otherwise invalid voting papers returned and electronic voting forms submitted, (g) the name of the person (or of each of the persons) appointed under section 72L or, if no person was so appointed, that fact, (h) the number of submitted electronic voting forms which were discounted by the scrutineer following a request from the person who submitted the electronic voting form, and (i) the changes made to permissions to access and edit the electronic voting system during the ballot. (2) The report must also state whether the scrutineer is satisfied— (a) that there are no reasonable grounds for believing that there was any contravention of a requirement imposed by or under any enactment in relation to the ballot, (b) that the arrangements made (whether by the scrutineer or by any other person) with respect to the following matters, so far as relevant, included all such security arrangements as were reasonably practicable for the purpose of minimising the risk that any unfairness or malpractice might occur— (i) the production, storage, distribution, return or other handling of the voting papers used in the ballot, (ii) the production, distribution and storage of voting access methods and the maintenance of the electronic voting system, (iii) the counting of the votes, and (c) that the scrutineer has been able to carry out the scrutineer’s functions without such interference as would make it reasonable for any person to call the scrutineer’s independence in relation to the union into question, and if the scrutineer is not satisfied as to any of those matters, the report must give particulars of the scrutineer’s reasons for not being satisfied as to that matter. (3) The report must also state— (a) whether the scrutineer— (i) has inspected the register of names and addresses of the members of the trade union, or (ii) has examined the copy of the register as at the relevant date which is supplied to the scrutineer in accordance with section 72F(10)(a), (b) if the scrutineer has, whether in the case of each inspection or examination the scrutineer was acting on a request by a member of the trade union or at the scrutineer’s own instance, (c) whether the scrutineer declined to act on any such request, and (d) whether any inspection of the register, or any examination of the copy of the register, has revealed any matter which the scrutineer considers should be drawn to the attention of the trade union in order to assist it in securing that the register is accurate and up-to-date, but must not state the name of any member who has requested such an inspection or examination. (4) Where one or more persons other than the scrutineer are appointed under section 72L, the statement included in the scrutineer’s report in accordance with subsection (2)(b) must also indicate— (a) whether the scrutineer is satisfied with the performance of the person, or each of the persons, so appointed, and (b) if the scrutineer is not satisfied with the performance of the person, or any of them, particulars of the reasons for not being so satisfied. (5) The trade union must not publish the result of the ballot until it has received the scrutineer’s report. (6) The trade union must within the period of three months after it receives the report— (a) send a copy of the report to every member of the union to whom it is reasonably practicable to send such a copy, or (b) take all such other steps for notifying the contents of the report to the members of the union (whether by publishing the report or otherwise) as it is the practice of the union to take when matters of general interest to all its members need to be brought to their attention. (7) Any such copy or notification must be accompanied by a statement that the union will, on request, supply any member of the union with a copy of the report, either free of charge or on payment of such reasonable fee as may be specified in the notification. (8) The trade union must so supply any member of the union who makes such a request and pays the fee (if any) notified to the member. Small accidental failures in relation to electronic voting to be disregarded 72P (1) If— (a) in relation to a ballot there is a failure (or there are failures) to comply with a provision mentioned in subsection (2) or with more than one of those provisions, and (b) the failure is accidental and on a scale which is unlikely to affect the result of the ballot or, as the case may be, the failures are accidental and taken together are on a scale which is unlikely to affect the result of the ballot, the failure (or failures), in so far as they relate to electronic voting, are to be disregarded for all purposes. (2) The provisions are— (a) section 72F(14) (requirement to send contact information to scrutineer); (b) section 72H(2) (requirement to provide a convenient opportunity to vote); (c) section 72I(2)(c) (requirement to send provision concerning how votes are counted where a person casts multiple votes); (d) paragraph 12(1) of Schedule A1A (requirement to send electronic voting materials); (e) paragraph 12(4) of Schedule A1A (requirement to use contact information provided by trade union). . (3) In the italic heading before section 73, at the beginning insert “Trade union with a branch or section in Northern Ireland:”. (4) Before section 73 (but after the italic heading before that section) insert— Application of sections 73 to 78 72Q Sections 73 to 78 apply in relation to a trade union with a branch or section in Northern Ireland where the head or main office of the trade union is outside Northern Ireland. . (5) In section 73(1) (as it extends to England and Wales and Scotland), for “this Chapter” substitute “sections 73 to 78”. (6) After section 78 insert— Failure to comply with ballot rules . (7) In section 84A (opt-out information notices), in subsection (1)(a)— (a) after “under” insert “section 72C (trade union without a branch or section in Northern Ireland: passing and effect of political resolution) or”; (b) after “section 73” insert “(trade union with a branch or section in Northern Ireland: passing and effect of political resolution)”. (8) In section 94 (overseas members of trade union), in subsection (1)(a)— (a) after “complying with” insert “section 72D (trade union without a branch or section in Northern Ireland: political ballot rules) or”; (b) before “political ballot rules” insert “trade union with a branch or section in Northern Ireland:”.