Industrial relations reforms under the Employment Rights Act 2025 and what they mean for academies and schools

Royal Assent changes

The Act repealed the minimum service levels regime introduced in 2024. In practice, this had little impact in the education sector as it was not invoked in relation to schools or academies. Repeal does not therefore affect day-to-day industrial relations.

18 February 2026 changes

The Act removed a number of restrictions on trade union balloting and picketing. In particular, it:

removed the 40% support threshold for industrial action in important public services (including education)
reduced the required notice of industrial action from 14 to 10 days
removed picket supervisor requirements
extended the validity of an industrial action mandate from 6 to 12 months

The 50% turnout threshold for industrial action ballots remains in place for now but will be reviewed once electronic balloting is introduced.

Unions are no longer required to provide detailed workforce breakdowns in ballot notices or include industrial action information in annual returns.

The position on political fund contributions is also reversed. New members will be automatically opted in to contributing to a union’s political fund unless they opt out; express consent will no longer be required.

Public sector employers will no longer need to publish facility time data, ministers will no longer be able to cap facility time and unions will no longer be required to fund payroll deductions for union subscriptions.

Prior to the Act an employee could bring a claim for automatic unfair dismissal where they were dismissed for taking part in protected industrial action within a protected period of 12 weeks starting with the day the employee first took part in the industrial action. The Act removed the 12-week protected period. This increases litigation risk where dismissal follows lawful industrial action and underscores the need for clear evidence of the reason for dismissal.

April 2026 changes

The statutory trade union recognition process will be simplified. Unions will no longer need to demonstrate majority support at the application stage. The 10% membership threshold remains, although the government may adjust it to between 2% and 10%.

Recognition ballots will require a simple majority of votes cast, removing the previous requirement for support from at least 40% of the bargaining unit. Over time, this may affect recognition applications and collective bargaining arrangements in the sector.

August 2026 changes

Secure electronic balloting will be introduced for trade union votes, subject to consultation. The 50% turnout threshold will remain until the government has assessed the impact of electronic balloting on participation.

October 2026 changes

Workers will gain protection from detrimental treatment for participating in industrial action, with the detail to be set out in regulations.

Employers will be under a new duty to inform workers of their right to join a trade union, with timing and format prescribed in secondary legislation.

Trade unions will have a right to negotiate workplace access agreements, including physical and digital communication with workers. Where agreement cannot be reached, the Central Arbitration Committee will set and enforce the terms.

The right to reasonable paid facility time is strengthened by a presumption that requested time off is reasonable, placing the burden on the employer to show otherwise. Employers must also provide appropriate workplace facilities. Equality representatives will be entitled to paid time off and facilities.

2027 changes

Blacklisting protections will be extended. The prohibition on compiling, using or supplying blacklists will cover predictive technologies, including AI-based systems, and will extend beyond employers and agencies to third parties.

Although no immediate action is required, academies should review workforce data practices and any recruitment or workforce management technologies to ensure they could not be characterised as blacklisting activity.

Practical considerations for academies and maintained schools

The reforms strengthen trade union rights and simplify recognition and industrial action processes. The impact for academies is likely to be most evident in industrial action planning, recognition applications and union access requests.

Governing bodies and trust boards should consider whether recognition arrangements, bargaining unit structures and engagement mechanisms remain appropriate. The starting point with this will be understanding what recognition arrangements are currently in place. A lot of recognition arrangements are poorly documented and unclear. Leadership teams may also wish to review contracts, policies and facility time arrangements to ensure alignment with the new framework.

Clear internal protocols for responding to industrial action, facility time requests and union access applications, supported by appropriate training for senior leaders and HR teams, will help manage legal and reputational risk.

The Act presents challenges, but also an opportunity to take a more structured and strategic approach to workforce engagement as further reforms come into force.