LEGISLATION UPDATE: Employment Rights Act 2025 and key trade union changes

Most changes under the Employment Rights Act 2025 will take effect in 2026 and 2027. However, a first set of trade union reforms will came into force on 18 February 2026, just two months after Royal Assent. These changes largely reverse measures introduced by the Trade Union Act 2016 and strengthen unions’ ability to take industrial action.

The key changes include:

• Removal of the 40% turnout threshold for industrial action ballots in important public services.
• Shorter notice periods: unions will only need to give 10 days’ notice of industrial action, down from 14.
• Longer ballot validity: a successful industrial action ballot will last 12 months, giving unions more time to act on the mandate.
• Reduced ballot and notification detail: unions will no longer need to provide detailed breakdowns of employees by role or workplace, making technical challenges harder.
• No requirement for picket supervisors.
• Automatic opt-in to political funds for union members (with the right to opt out retained).
• Extended unfair dismissal protection: the current 12-week “protected period” for taking part in lawful industrial action will be removed, meaning protection will apply regardless of how long the action lasts.

Employers in unionised environments should expect less warning of industrial action, longer-running strike mandates, and fewer opportunities to challenge ballots on technical grounds. This means that planning, engagement with unions, and contingency arrangements will be more important than ever – if you need any assistance with these changes or the further changes coming please contact us.