Whilst the Employment Rights Act 2025 introduced many changes to employment rights, the legislation also amended much of the Trade Union Act 2016. This legislation detailed the procedural requirements for industrial action (strikes, pickets etc.). The new Act makes it easier for unions to organise and carry out strikes. The Act introduces changes in two phases — in February 2026 and April 2026.
Changes introduced in February 2026
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Picketing – Section 75 ERA 2025 removes the requirement to supervise a picket, appoint a picket supervisor and comply with related rules.
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Simplified industrial action notices and ballots – The amount of information required in ballot notices, ballot voting papers and industrial action notices has been drastically reduced. Most importantly, ballot papers no longer need detailed information about the industrial dispute or the timescales. Instead, members will simply be asked whether they support “strike action” or “action short of a strike”.
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Notice period reduced – Unions now only need to give 10 days’ notice of industrial action to employers (previously 14 days).
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Reduced information for employers – Unions are no longer required to give advance notice to employers about how many workers in each role will take part in strikes. This means employers will have less time to make alternative arrangements to mitigate the impact.
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Longer mandate for strike action – A properly executed ballot now gives unions a mandate for strike action for 12 months (previously six months). This extension also reduces the frequency of new ballots. The new rule applies to ballots opening on or after 18 February 2026.
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Extended protection for striking workers – Under the new rules, striking employees will be protected against unfair dismissal for an indefinite period. Previously, this protection was limited to 12 weeks. Striking employees will also receive new protection against detriment short of dismissal. Any attempt by an employer to withdraw benefits or reduce access to overtime for striking employees may therefore be deemed unlawful.
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Support threshold changes – 50% of those entitled to vote must still turn out for the ballot to be valid (although this is currently under review and may change in April 2026). In important public sector services, the requirement for 40% support has been abolished. Instead, a simple majority of those actually voting will be sufficient.
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Facilities time and check-off arrangements – In public sector organisations, the legal power to cap facilities time for union representatives has been removed. Employers are no longer required to publish facilities time data and cannot charge unions “check-off” fees for deducting union subscriptions directly from wages.
These changes make strike action easier to organise and more difficult to challenge, potentially making industrial action more operationally disruptive for employers.
Changes coming in April 2026
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New simplified trade union recognition processes.
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Details of new electronic balloting processes (currently subject to consultation).
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Preventing unfair practices – Unions will no longer be required to demonstrate to the Central Arbitration Committee (CAC) that there is likely to be majority support for recognition within the bargaining unit.
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The requirement for 40% of the bargaining unit to vote in favour of recognition will be removed. Instead, a simple majority of those voting will suffice.
Employers are advised to contact the HR Helpline on 01455 852 028 to obtain advice and assistance on this and other HR matters.
