Industrial action and trade union law changes came in to force on 18th February 2026. This means dismissing an employee for taking part in industrial action is considered ‘automatically unfair’. This removes the previous 12-week qualifying period, meaning employees can bring an unfair dismissal claim regardless of how long the industrial action lasts.
These changes place greater responsibility on employers to manage industrial relations carefully and ensure any response to strike action is fair, lawful, and proportionate. Employers should review their policies, understand the limits of their authority during industrial disputes, and seek appropriate advice before taking any action that could affect an employee’s employment status.
Key Trade Union Law Changes
There are a range of changes that will become law from 18th February 2026. This includes.
- The minimum notice period unions must give employers before industrial action has been reduced from 14 days to 10 days.
- Trade unions are no longer required to appoint a picket supervisor during picketing activity.
- The validity period of an industrial action ballot mandate has been extended from 6 months to 12 months.
- The requirements for industrial action and ballot notices have been simplified to reduce administrative complexity.
- The rules governing trade union political funds have also been updated.
From 18th December, ‘minimum service levels’ rules for strikes were removed. This rule was put in place to keep services running during strikes.
Trade Union Ballots
There are also significant trade union law changes to ballots. The most significant one being the support threshold rule is now removed. Previously, industrial action in certain important public services required at least 40% of all eligible members to vote in favour. Public and private sector ballots now follow the same standard, meaning industrial action can proceed as long as more members vote in favour than against.
However, the turnout threshold remains in place until at least August 2026. This means at least 50% of eligible union members must take part in the ballot for industrial action to be lawful.
Future Updates to Expect
- Trade union recognition: From 6th April, how trade unions can be recognised in a workplace will be made a lot more simple. A code of practise on this is expected to come in to law from October 2026.
- From August 2026, union members will be able to vote in-person or electronically in ballots for union elections, industrial action, and any other statutory ballots. This is if the trade union and employer agree. Once completed, the requirement for a 50% turnout for industrial action ballots removal process can begin.
Trade Union Law Changes from October
- Employers now have a duty to inform workers of their right to join a trade union.
- Trade unions have updated rights to access workplaces.
- Trade union representatives are entitled to reasonable accommodation and facilities to carry out their role.
- Union equality representatives have a new right to reasonable time off to perform their duties.
- The Code of Practice on trade union recognition has been updated.
Preparing for Further Employment Rights Bill Changes
The recent trade union law changes are just one part of the wider Employment Rights Bill reforms, with additional measures expected throughout 2026 and into early 2027. These updates will continue to strengthen employee protections, expand trade union rights, and introduce new responsibilities for employers. As timelines and guidance become clearer, employers will need to review their contracts, policies, and management practices to ensure they remain compliant and prepared.
Staying informed will be essential. Changes may affect how employers engage with trade unions, manage industrial relations, and communicate with their workforce. Taking a proactive approach now can help reduce risk, avoid disputes, and ensure managers understand their responsibilities before new rules take effect.
How We Can Help
At The HR Booth, we will be closely monitoring the progress of the Employment Rights Bill and related legislation. We will share practical updates, guidance, and timelines as they are announced, helping employers understand what the changes mean in practice. Our team can also support with reviewing policies, updating contracts, and providing training to managers. We will ensure your business remains compliant and confident during this period of significant employment law reform.
If you have any questions on the recent trade union law changes and require support from our HR experts, get in touch. You can find out more about our HR Consultants on our website.
