Employment Rights Act 2025: The February Trade Union Reforms
18 February 2026
On 18 February 2026, the first major wave of the Employment Rights Act 2025 (ERA 2025) comes into force. This marks a fundamental rebalancing of power between employers and trade unions.
For businesses, this represents a structural shift in how strikes are called, how long they can last, and how staff are protected during walkouts. While some elements of the Act remain subject to consultation, the following changes are law as of today and require immediate attention from every employer.
Permanent Strike Protection
Perhaps the most critical change for risk management is the removal of the 12-week limit on unfair dismissal protection during industrial action.
The ERA 2025 repeals previous restrictive legislation; specifically, Section 77 now enhances protection against dismissal for taking part in lawful industrial action. Regardless of how long a strike lasts, dismissing an employee for participating is now automatically unfair.
Furthermore, previous regulations requiring minimum staffing levels in key sectors such as health, education, fire services, and transport have been abolished. Employers can no longer issue “work notices” to compel staff to work during a strike. The focus must now shift to negotiation and resolution, as dismissal is no longer a viable legal exit strategy.
Removal of Turnout Thresholds
The “40% support” threshold, which previously applied to important public services (including border security and nuclear decommissioning), has been scrapped.
Industrial action now only requires a simple majority of those who actually vote. This makes it significantly easier for small, highly engaged groups within a workforce to legally halt operations, even if the majority of the total staff did not participate in the ballot.
Simplified Ballot Notices and Voting Papers
The administrative burden on unions has been drastically reduced. Unions no longer need to provide detailed lists of employee categories and specific workplaces. They are now only required to provide the total number of employees involved. Voting papers no longer require detailed information about the dispute or the expected timeframe of the action. A simple “Yes/No” question regarding participation is all that is required.
Previously, minor inaccuracies in voting papers could be used to invalidate a strike. Under the new rules, employers have lost this technical leverage.
Faster Strikes: The 10-Day Rule
Speed is a major factor in the new legislation. Previously, unions had to provide a breakdown of employees 14 days before a strike. From 18 February 2026:
- The notice period has been shortened to 10 days.
- There is no longer a requirement to provide a breakdown of employees by category.
This four-day reduction is vital. In sectors like logistics, manufacturing, or healthcare, those lost days are critical for contingency planning. Business owners now face a much tighter deadline to secure alternative labour or notify clients of disruptions.
12-Month Strike Mandates
The “shelf life” of a strike ballot has doubled. Previously, a successful ballot gave a union a mandate for six months. As of 18 February 2026, a ballot mandate remains valid for 12 months. Once a union wins a vote, the threat of action can hang over a business for an entire year before a re-ballot is required, providing unions with significant long-term leverage in pay negotiations.
Deregulation of Picket Supervisors
The ERA 2025 dismantles several hurdles introduced by the Trade Union Act 2016. Unions are no longer legally required to:
- Appoint a named picket supervisor.
- Notify the police of the picket’s location.
- Carry a formal letter of authorisation.
- Ensure supervisors wear high-visibility vests or armbands.
What Should Employers Do This Week?
The “First Wave” of the ERA 2025 is designed to make industrial action easier, faster, and harder to challenge. To ensure business continuity, we recommend taking the following steps immediately:
- Update Contingency Plans: Change your “T-minus” triggers in industrial action response plans from 14 days to 10 days.
- Managerial Training: Ensure supervisors understand that any detrimental treatment of striking staff—even months into a dispute—now carries a high risk of an “automatic unfairness” claim.
- Proactive Engagement: With the legal barriers to striking lowered, the business has to focus on fostering open dialogue and resolving grievances before they escalate into a formal dispute.
How We Can Help?
The shift in UK employment law is significant and likely to cause initial confusion. Navigating the Employment Rights Act 2025 requires a proactive rather than reactive stance.
If you require specific legal advice or help updating your internal policies, please contact please contact Kate Boguslawska on kateboguslawska@cartercamerons.com
