ERA 2025 - key industrial relations reforms move a step closer
The government has published draft regulations protecting workers from detriment for taking protected industrial action and draft legislation introducing electronic and workplace balloting for statutory trade union ballots.
Looking for more detail on how the Employment Rights Act could affect your organisation? Our Employment Rights Act tracker gives you a structured, up to date view of the reforms, with clear timelines, practical commentary and prompts to help you understand what is changing, when it matters, and what to do next.
Background
The government has published draft legislation on two significant industrial relations changes under the Employment Rights Act 2025. Subject to Parliamentary approval, workers will gain wider protection from detriment for taking protected industrial action from 30 October 2026, while new arrangements allowing electronic and workplace voting in statutory trade union ballots are expected to come into force later this summer.
The changes
Employers will be prohibited from subjecting workers to any detriment because they have taken part in protected industrial action. The government has confirmed that it will adopt a broad prohibition, rather than specifying an exhaustive list of prohibited detriments. The regulations also make clear that employers will continue to be entitled to make proportionate deductions from pay for periods during which employees take industrial action.
Separately, the government has laid draft legislation enabling electronic, hybrid and, in some circumstances, workplace voting for a range of statutory trade union ballots, including industrial action ballots. Trade unions will be responsible for deciding which voting methods to use, taking account of factors including security, accessibility and voter participation. Workplace balloting for industrial action will remain subject to employer agreement. The accompanying Code of Practice has also been revised following consultation and provides practical guidance on operating the new voting arrangements.
Learning points for employers
Employers with recognised trade unions should familiarise themselves with the new detriment protection ahead of its expected commencement on 30 October 2026 and be aware that electronic and hybrid voting may increase participation rates in future statutory ballots. Employers should also begin considering how requests for workplace balloting would operate in practice, including any access arrangements that may be required.
For more information or advice, please get in touch with Jessica Scott-Dye in our Employment team.
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