Trade union law changes: government guidance on transition to ERA 2025
The government has published guidance to help employers, trade unions and workers prepare for trade union law changes coming into force on 18 February 2026 under the Employment Rights Act 2025, alongside draft revised statutory codes on picketing and industrial action ballots.
Looking for more detail on how the Employment Rights Act could affect your organisation? Explore our Employment Rights Act hub, where you’ll find practical updates, expert commentary and tools designed to support confident decision-making.
New guidance published
The guidance explains how the new rules will apply in practice and, in particular, how transitional and saving provisions operate around the commencement date. It covers key changes including the removal of the 40% support threshold for industrial action ballots in important public services, reduced information requirements for ballot notices and voting papers, a longer mandate period for industrial action, shorter notice periods for industrial action, and changes to picketing requirements.
It also addresses enhanced protection from dismissal for taking industrial action, the removal of restrictions on public sector check-off arrangements, and changes to facility time publication requirements. A consistent theme is that the timing of ballots, notices and industrial action in relation to 18 February 2026 will determine whether the old or new rules apply.
The guidance is intended as a practical aid to navigating what may be a complex transition period, particularly where ballots or notices straddle the commencement date. Employers should be aware that the new codes will come into force at 12am on 17 February 2026. Until then, the current versions remain effective.
For more information or advice, please contact Alastair Fatemi in our Employment team.
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