The Code of Practice (Industrial Action Ballots and Notice to Employers) Order 2026

• Citation: S.I. 2026/220
• Sections: 3

Section 1 Citation, extent and interpretation

(1) This Order may be cited as the Code of Practice (Industrial Action Ballots and Notice to Employers) Order 2026.

(2) This Order extends to England and Wales and Scotland.

(3) In this Order, “ the revised Code of Practice on Industrial Action Ballots and Notice to Employers ” means the revised Code of Practice on Industrial Action Ballots and Notice to Employers issued by the Secretary of State which was laid in draft before each House of Parliament on 7th January 2026.

Section 2 Appointed day for the Code of Practice

The revised Code of Practice on Industrial Action Ballots and Notice to Employers comes into effect on 5th March 2026.

Section 3 Transitional and saving provisions

(1) The revised Code of Practice on Industrial Action Ballots and Notice to Employers does not apply—

(a) to the extent that it is relevant to a question arising in proceedings relating to section 226 (requirement of ballot before action by trade union) , section 229 (voting paper) , section 231 (information as to result of ballot) or section 234 (period after which ballot ceases to be effective) of the 1992 Act, to a ballot opened before the appointed day;

(b) to the extent that it is relevant to a question arising in proceedings relating to section 226A(1)(b) (sample voting paper for employers) or section 229 of the 1992 Act, to a ballot where, before 18th February 2026, the trade union had complied with section 226A as it had effect before that date in respect of the sample voting paper (specified in subsection (2F) of that section) for that ballot;

(c) to the extent that it is relevant to a question arising in proceedings relating to section 234A of the 1992 Act (notice to employers of industrial action) , to any industrial action in relation to which the employer receives a relevant notice before the appointed day.

(2) In this article—

“ the 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992;

“ the appointed day ” means 5th March 2026;

“ relevant notice ” has the same meaning as in section 234A(3) of the 1992 Act.

(3) For the purposes of this article, a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.