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Industrial action in the UK is about to become significantly easier to organise—and harder for employers to stop. Changes under the Employment Rights Act 2025 sweep away many of the procedural hurdles introduced by the Trade Union Act 2016, signalling a more active industrial relations environment.
Those hurdles often proved decisive: a low turnout could invalidate an otherwise supportive ballot, while complex requirements created opportunities for employers to challenge industrial action.
What's changing?
The Employment Rights Act 2025 dismantles much of this framework, streamlining the industrial action process and reducing the scope for challenges. Here's a snapshot of the key changes:
| Issue | Previous position | New position from 18 February 2026 (or later) |
| Support threshold (important public services) | At least 40% of those entitled to vote had to vote in favour of industrial action in key public services (fire, health, education, transport, border security and nuclear decommissioning). | The 40% support threshold has been removed. A simple majority of those voting is now sufficient. |
| Turnout threshold | At least 50% of those entitled to vote had to participate for the ballot to be valid. | Repeal expected in August 2026, alongside the introduction of electronic balloting. |
| Mandate period | Six months from the date of the ballot (extendable to nine months by agreement). | Increased to 12 months (with no possibility of extension). |
| Notice period for industrial action | 14 days' notice required. | Reduced to ten days. |
| Information requirements | Detailed information requirements in notices of industrial action and ballot papers. | Simplified information requirements. |
| Picket supervision | Unions required to appoint a picket supervisor. | Requirement removed. |
| Protection from dismissal | Employees' automatic unfair dismissal protection for taking industrial action was limited to a 12-week "protected period". | Protection applies during and after official, lawful industrial action, without a 12-week "protected period" limitation. |
| Protection against detriment | No worker protection against detriment, short of dismissal, for taking industrial action. | Worker rights not to suffer detriment for taking protected industrial action (fully effective from October 2026). |
Alongside these changes, the statutory code of practice on industrial action ballots and notice to employers and the statutory code of practice on picketing have been updated to reflect the new legal framework. Employers should ensure their internal processes align with the revised guidance.
Transitional arrangements apply where the balloting or notification process started before 18 February 2026, meaning some industrial action may still be governed by the previous rules.
A wider rebalancing of industrial relations
These changes don't operate in isolation. From 6 April 2026, the statutory trade union recognition process will become easier to navigate (read our blog: Lowering the bar: UK union recognition gets easier). From October 2026, employers must provide workers with a written statement confirming their right to join a trade union, and unions will gain new statutory rights to access workplaces to recruit and organise (read our blog: Opening the doors: a new era for UK union workplace access).
Taken together, these reforms are likely to increase union visibility, membership, and activity—making industrial action not only easier to call, but more likely to be called in the first place.
What to expect and what to do now
These changes will be felt most immediately by employers with recognised unions or significant union membership, but the broader reforms mean all employers should be alert to the shifting landscape—shorter lead times, fewer procedural vulnerabilities, and industrial action that can be sustained for longer.
Practical steps employers can take now include:
- Reviewing and updating industrial action response plans to reflect the shorter notice period and other changes.
- Assessing industrial action risk in business areas where union activity is most likely.
- Engaging proactively with employees and recognised unions, as early dialogue may help avert and resolve disputes before they escalate.
- Refreshing business continuity arrangements, given mandates may now last up to 12 months.
- Training key teams on the new legal framework.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
