Industrial action reforms take effect under Employment Rights Act 2025

Background

On 18 February 2026, a number of provisions of the Employment Rights Act 2025 were brought into force, reshaping key aspects of industrial action and trade union law.

The reforms reverse several measures introduced over the past decade and are designed to simplify procedural requirements and enhance protection for trade unions and striking workers.

What has changed 

The most significant reforms relate to ballots and notices for industrial action. From 18 February 2026:

• The requirement that at least 40% of those entitled to vote in “important public services” ballots must vote in favour of industrial action has been removed. The 50% turnout requirement remains in place.
• The information unions must include in ballot notices, ballot papers, ballot result notifications and notices of industrial action has been simplified.
• The minimum notice period unions must provide to employers for industrial action has been reduced from 14 days to 10 days.
• For ballots opened on or after 18 February 2026, the mandate for industrial action now lasts 12 months (previously six months), with no scope for extension.
• The requirement for unions to supervise picketing has been removed.
• Protection from unfair dismissal for participating in official, lawful strike action now applies for the full duration of the strike, rather than being limited to a 12-week protected period.

Further changes brought into force on the same date include repeal of certain public sector “check-off” restrictions and facility time publication requirements, and amendments enabling the government to strengthen blacklisting protections through secondary legislation, subject to an upcoming consultation.

What this means in practice

The cumulative effect of these changes is to reduce technical barriers to lawful industrial action. Unions can give shorter notice, rely on a ballot for a longer period and face fewer procedural hurdles.

For employers, this increases the likelihood that industrial action may be called at relatively short notice and sustained over an extended period. The extension of unfair dismissal protection for the full duration of lawful strike action significantly raises the risk profile of dismissing participating employees.

Public sector employers will also need to review any existing arrangements relating to check-off administration charges and facility time reporting, as the statutory framework underpinning those obligations has changed.

Learning points for employers

Employers should revisit their industrial action contingency planning in light of these reforms. Response timelines may need to be tightened to reflect the shorter notice period, and risk assessments updated to account for the extended life of ballot mandates. Where industrial relations are already strained, early engagement and proactive dialogue with recognised unions will be more important than ever.

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For support or advice, please contact Ella Straker in our Employment team.