Trade union measures and industrial action: ERA 2025 changes employers need to know

On 18 December 2025, the Employment Rights Act 2025 (ERA 2025) received Royal Assent, confirming the Government’s roadmap for a phased programme of reforms. The first substantive set of measures affecting trade unions and industrial action is now due to take effect on 18 February 2026, with implications for unionised and non‑unionised employers alike.

The reforms are intended to streamline how industrial action is organised and to provide enhanced protections for employees. They are likely to shift the balance in workplace relations – particularly where formal union engagement plays a role – and require employers to update processes, practices and expectations in the months ahead.

What changes in February 2026

 Industrial action thresholds and balloting

Several key thresholds and requirements relating to industrial action ballots are being repealed or revised:

• The 40% support threshold in ballots for important public services will no longer apply to ballots opening on or after 18 February 2026.
• The 50% turnout requirement for all industrial action is also set for repeal, meaning a simple majority of votes cast will be sufficient to authorise action. However, the government must first consider the impact of upcoming electronic and workplace balloting before this change is implemented.

These changes are designed to make it administratively easier for unions to obtain a valid mandate for industrial action.

 Shorter notice periods and longer mandates

 From 18 February 2026, unions will only be required to provide 10 days’ notice of intended industrial action compared with the previous 14 days. The mandate period for authorised action will also be extended from 6 to 12 months. This reduces the frequency with which repeat ballots are needed to sustain industrial pressure.

Notably, however, 6month mandates obtained before 18 February 2026 will not automatically extend to 12 months. Unions will need to re‑ballot under the new rules if they wish to secure a longer mandate period.

 Employee protections

 The reforms also introduce stronger protections for individuals participating in industrial action:

• Dismissal for taking part in lawful industrial action that begins on or after 18 February 2026 will be automatically unfair, regardless of when the dismissal occurs. Previously, this protection applied only during a limited “protected period”
• A new statutory right not to be subjected to detrimental treatment has been introduced, with the supporting regulations expected later in 2026. This provides further protection for employees who may wish to take industrial action.

Employers should be mindful of these new protections, when considering any steps they wish to take following lawful industrial action, such as initiating any disciplinary investigations.

 Simplification of notices and ballot materials

 Under the new measures:

• Unions will no longer be required to include detailed numeric breakdowns of employees to be balloted in industrial action notices or explain how categories were determined.
• Ballot papers will be simplified, with fewer mandatory content requirements, such as summaries of the dispute or action types being considered.

This reflects a broader trend within ERA 2025 towards simplifying procedural requirements on unions

 Other changes relevant to employers

The February reforms also:

• Remove restrictions on the use of check‑off arrangements for union subscriptions.
• Change the basis for political funding contributions from automatic opt‑out to automatic opt‑in.
• Simplify trade union reporting obligations and remove facility time restrictions in the public sector.
• Reduce certain powers of the Certification Officer.

Government guidance and Codes of Practice

 To support the implementation of the February measures, the government has published updated statutory Codes of Practice:

• Industrial action ballots and notice to employers
• Picketing

These revised Codes will apply from 18 February 2026 and offer practical detail on how disputes and procedural requirements should be managed. The Government has also issued new transitional guidance, Trade union law: transition to Employment Rights Act 2025, to assist employers, unions and workers in understanding how the reforms will operate.

Employers will need to review these materials and consider updating relevant policies and templates to reflect the simplified notice and balloting requirements.

Next steps in trade union reform

The February 2026 measures represent just the first phase of ERA 2025 implementation. Subsequent waves of reform are expected in the coming months:

• April 2026: Further trade union reforms alongside broader ERA 2025 changes, including simplified union recognition processes and the introduction of electronic and workplace balloting (with full effect anticipated later).
• October 2026: Introduction of enhanced union access rights and a duty on employers to inform workers of their right to join a trade union, as well as the likely commencement of protections against detriment related to industrial action.

Beyond 2026, additional reforms including strengthened protections against trade union blacklisting are expected to take effect in 2027.

Preparing for change

 Regardless of current union relationships, employers should review their industrial relations practices in light of these changes. Key considerations include:

• Updating internal procedures for managing industrial action, notices, ballots and consultations.
• Providing training to HR and management teams on new thresholds, protections and procedural requirements.
• Reviewing communication strategies to ensure clarity with employees and recognised unions.

As the ERA 2025 reforms continue to roll out, ongoing engagement with the Government’s guidance and Codes of Practice will be essential to minimise risk and ensure smooth operational responses to union activity.