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

5 Amendment of Chapter 7 of Part 1

(1) Chapter 7 of Part 1 (amalgamations and similar matters) is amended as follows. (2) In section 97 (amalgamation or transfer of engagements), in subsections (1)(b) and (2)(b), omit “held in accordance with sections 100A to 100E”. (3) In section 99 (notice to be given to members)— (a) in subsection (1)— (i) for “every voting paper” substitute “voting materials”; (ii) for “is”, in both places it occurs, substitute “are”; (b) after subsection (5) insert— (6) In this section “voting materials” means either or both of the following— (a) voting papers; (b) voting access methods. . (4) In section 100 (requirement of ballot on resolution), in subsection (1)— (a) after “in accordance with” insert “, so far as applicable,”; (b) for “100A to 100E” substitute “100ZA to 100F and Schedule A1A”. (5) After section 100 insert— Determination of means of voting Responsible person’s determination of means of voting 100ZA (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 the 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 100CA(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) In the case of a ballot under section 97(1)(b) (amalgamation) which is carried out by a trade union which is a party to the proposed amalgamation, the responsible person is the trade union. (8) In the case of a ballot under section 97(2)(b) (transfer of engagements), the responsible person is the transferor union. (9) The permissible means of voting for a ballot under section 97(1)(b) or (2)(b) are— (a) postal voting; (b) electronic voting; (c) hybrid voting. (10) 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)). . (6) In section 100A (appointment of independent scrutineer)— (a) in subsection (2)— (i) omit the “and” after paragraph (a); (ii) after paragraph (b) insert ; 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 the person intends to use for conducting the ballot are covered by one or more qualifying Cyber Essentials Plus certificates awarded to the person. ; (b) after subsection (2) insert— (2A) 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. ; (c) in subsection (3)— (i) for paragraph (a) substitute— (a) in relation to voting papers sent or to be sent in accordance with section 100CC (postal voting: voting paper and method of voting)— (i) where someone other than the scrutineer is appointed under section 100D, 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; (aza) 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; (azb) 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; ; (ii) in paragraph (d), for “the last date for the return of voting papers” substitute “the last voting day”; (d) after subsection (12) insert— (12A) 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 (12B); (b) a mobile telephone number which meets the requirements in subsection (12B). (12B) 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. ; (e) for subsection (13) substitute— (13) 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. . (7) In section 100C (voting)— (a) omit subsections (1) and (2); (b) omit subsection (4)(a) and the “and” after it; (c) in subsection (4)(b) omit “by post”; (d) omit subsection (5). (8) After section 100C insert— Counting of votes where multiple votes cast by same person 100CA (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 100ZA(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 100ZA; “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 Postal voting 100CB Where postal voting is a selected means of voting for a ballot, sections 100CC and 100D apply in relation to postal voting in the ballot. Postal voting: voting paper and method of voting 100CC (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. (4) A voting paper which is sent or otherwise provided to a person for voting must not have enclosed with it any other document except— (a) the notice which, under section 99(1), is to accompany the voting paper, (b) an addressed envelope, (c) a document containing instructions for the return of the voting paper, and (d) the provision required to be sent with the voting materials under section 100CA(2)(c), without any other statement. . (9) In section 100D (counting of votes etc. by independent person), for the heading substitute “Postal voting: counting of votes etc. by independent person”. (10) After section 100D insert— Electronic voting Electronic voting 100DA 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 Hybrid voting 100DB 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). Ballots: further provision . (11) In section 100E (scrutineer’s report)— (a) in subsection (1)— (i) in the words before paragraph (a), after “state” insert “, so far as relevant”; (ii) omit paragraph (a); (iii) after paragraph (a) insert— (aa) the means of voting by which votes have been cast in the ballot, (ab) the number of persons who were entitled to vote in the ballot, ; (iv) after paragraph (b) insert— (ba) the number of electronic voting forms submitted, ; (v) in paragraph (d), at the end insert “and electronic voting forms submitted”; (vi) omit the “and” after paragraph (d); (vii) after paragraph (e) insert— (f) 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 (g) the changes made to permissions to access and edit the electronic voting system during the ballot. ; (b) in subsection (2)(b), for the words from “the production” to the end substitute 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, . (12) After section 100E insert— Small accidental failures in relation to electronic voting to be disregarded 100F (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 99(1) (notice to be given to members); (b) section 100A(12A) (requirement to send contact information to scrutineer); (c) section 100C(4)(b) (requirement to provide a convenient opportunity to vote); (d) section 100CA(2)(c) (requirement to send provision concerning how votes are counted where a person casts multiple votes); (e) paragraph 12(1) of Schedule A1A (requirement to send electronic voting materials); (f) paragraph 12(4) of Schedule A1A (requirement to use contact information provided by trade union). . (13) In section 103 (powers of Certification Officer as regards passing of resolution), in subsection (1)(a), for “requirements of sections 99 to 100E” substitute “requirements, so far as applicable, of sections 99 to 100F and Schedule A1A”. (14) In section 106 (amalgamation or transfer involving Northern Ireland union), in subsection (2)— (a) after “The requirements” insert “, so far as applicable,”; (b) for “100E” substitute “100F”; (c) after “101(3)” insert “and Schedule A1A”.