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

We are inviting stakeholders and interested parties to share their perspectives on two important developments that have the potential to shape the fairness, transparency, and efficiency of collective recognition and derecognition processes, as well as the integrity of electronic ballots.

First, we are seeking views on the revised code of practice that governs recognition and derecognition proceedings. The revised framework aims to provide clearer guidance for all parties involved, including employers, recognised trades unions, non-recognised unions seeking recognition, and the mediating bodies that facilitate these processes. Key areas for feedback include:

– Clarity and accessibility: Does the revised code explain the procedures, timelines, and evidentiary requirements in a manner that is easy to understand and apply in practice?
– Proportionality and fairness: Do the proposed procedures strike an appropriate balance between the rights of employees to organise and the legitimate interests of employers and existing collective arrangements?
– Timeliness and efficiency: Are the proposed timelines realistic and conducive to swift, fair outcomes without compromising due process?
– Evidence and documentation: Are there clear standards for the submission, handling, and evaluation of evidence, including ballots, listed evidence of representation, and other supporting material?
– Roles and responsibilities: Are the duties of employers, recognised unions, and the appointing or supervising bodies clearly defined to minimise ambiguity and potential disputes?
– Remedies and recourse: Do the provisions adequately address potential disputes, misrepresentations, or procedural irregularities, and provide appropriate remedies?
– Digital and remote considerations: How well does the code accommodate electronic communications, remote hearings, and digital record-keeping, while ensuring integrity and confidentiality?

Secondly, we are seeking proposals on preventing unfair practices in electronic ballots. As more ballots move to digital platforms, safeguarding the validity of outcomes becomes increasingly crucial. Feedback is particularly welcome on:

– Definitions of unfair practices: What constitutes unfair conduct in the context of electronic ballots, and should the code explicitly name examples (e.g., coercion, intimidation, misrepresentation, manipulation of ballot access, or disclosure of voting intent)?
– Verification and security: What measures are necessary to verify voter eligibility, protect ballot secrecy, and guard against multiple voting, hacking, or unauthorised access?
– Transparency and accountability: How should the process disclose voting methods, supervisor roles, and auditing procedures while maintaining confidentiality where required?
– Access and inclusivity: Are there barriers to participation in electronic ballots for certain groups, and how might the code address accessibility, digital literacy, and reasonable accommodations?
– Handling disputes and challenges: What procedures should govern challenges to ballots, adjudication of appeals, and timelines for resolving disputes?
– Data protection and privacy: How should personal data be safeguarded in electronic ballots, and what retention and deletion policies should apply?
– Pilot testing and phased implementation: Should the code encourage pilots or staged rollouts to assess effectiveness and identify risks before full adoption?

We welcome input from a wide range of stakeholders, including employee representatives, employers, solicitors and advisers, academics, and organisations with an interest in fair labour representation and industrial relations. Submissions should specify the respondent’s interest, provide clear rationale for proposed changes, and, where possible, reference practical implications, costs, and potential administrative burdens.

To contribute, please provide written comments by [deadline date], using the submission guidelines below. If you would prefer to discuss your views orally, contact details are provided to arrange a suitable briefing session. All responses will be considered carefully, and responses may be published in a summary of feedback to inform decision-making and potential amendments.

Submission guidelines:
– Format: Word or PDF document, or plain text email.
– Structure: Start with a brief overview of your organisation or interest, followed by sectioned responses aligned to the revised code of practice for recognition/derecognition and to the proposals on unfair practices in electronic ballots.
– Evidence: Support positions with practical examples, where possible, and indicate any potential costs or resource implications.
– Confidentiality: Indicate if you require any information to be treated as confidential.
– Contact: Include a primary contact for correspondence and any relevant organisational details.

We recognise the importance of robust, accessible, and fair processes in recognition and derecognition, and in the conduct of electronic ballots. Your views will help ensure that the revised code of practice is fit for purpose, supports legitimate employee representation, and upholds the integrity of ballot outcomes. We look forward to hearing from you and engaging in constructive dialogue on these critical matters.

July 6, 2026 at 12:00PM
让工作获得回报：认可行为守则及电子投票不公平做法
我们正在征求对在认可和撤销认可过程中的修订守则以及关于电子投票不公平做法的提议的意见。

阅读更多中文内容： 对修订的认定与认定过程中的行为准则，以及关于电子投票不当行为的提案征求意见