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

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.