The Employment Rights Act 2025, which received Royal Assent in December 2025, signalled a major shift in UK employment law. With reforms rolling out throughout 2026 and 2027, employers are already seeing meaningful changes, particularly in relation to trade unions and industrial action.
From 18 February 2026, the first phase of reforms came into force, introducing significant amendments that affect how industrial action is organised, challenged, and managed.
For employers, understanding these changes is not just advisable, it is essential for risk management, workforce planning, and legal compliance.
What Has Changed?
The Act introduces a series of reforms aimed at simplifying industrial action processes and strengthening worker protections. The most notable changes include:
Reduced Strike Notice Period
Trade unions are now required to provide 10 days’ notice of industrial action, reduced from 14 days.
For employers, this means less preparation time and a greater need for robust contingency planning.
Extended Mandate Period
Following a successful ballot, unions can now call industrial action for up to 12 months, doubled from the previous 6-month limit.
This allows unions to sustain industrial pressure over longer periods.
Simplified Ballot & Notice Requirements
Unions are no longer required to include the same level of detailed information in ballot and industrial action notices.
This makes procedural challenges more difficult for employers.
Removal of the 40% Threshold in Important Public Services
For workers in important public services, including education, fire, health, border security, transport, and nuclear decommissioning, unions now only require a simple majority in favour of industrial action.
The previous requirement for at least 40% of eligible members to vote “yes” has been removed.
No Requirement for Picket Supervisors
Unions are no longer legally obliged to appoint a picket supervisor.
Expanded Protection Against Dismissal
Perhaps the most significant change:
Employees dismissed for participating in industrial action are now protected by automatic unfair dismissal rights, regardless of how long the action lasts.
Previously, protection applied only during the first 12 weeks of industrial action.
This reform materially increases dismissal risk for employers.
Are Further Changes Ahead?
Yes, and employers should be preparing now.
Further reforms expected in April and October 2026 include:
A new duty on employers to inform workers in writing of their right to join a trade union
A simplified trade union recognition process
The introduction of electronic balloting
Enhanced rights and protections for trade union representatives
A statutory right protecting workers from detriment linked to industrial action
Taken together, these reforms continue the trend of strengthening collective rights and limiting employer challenge mechanisms.
What Steps Should Employers Be Taking?
These changes alter the practical landscape of industrial relations. Industrial action is likely to become:
- Easier to organise
- Harder to challenge
- More disruptive operationally
- Higher risk legally
Employers should consider proactive measures:
- Review and update policies, procedures, and contracts
- Stress-test operational contingency plans
- Train managers on the new legal framework
- Reassess employee and union engagement strategies
- Seek early legal guidance when disputes arise
Preparation is now a business-critical exercise, not simply an HR task.
How Bhayani Law Can Help
Navigating legislative reform can feel overwhelming, particularly when changes span multiple years.
Our specialist employment law and HR advisory team works closely with employers to translate legal updates into practical workplace strategies.
Free Employment Rights Act 2025 Planner
We’ve created a practical planning resource designed specifically for employers:
- Breaks reforms into manageable stages
- Highlights employer risks and obligations
- Supports confident decision-making
Employment Rights Audit & Impact Assessment
For organisations seeking deeper reassurance, we offer:
- Comprehensive compliance reviews
- Identification of legal exposure
- Practical, business-focused recommendations
This service provides clarity on where your organisation stands, and what actions are needed.
If you would like advice, guidance, or to arrange an audit:
Email [email protected] or call 0333 888 1360.
Early preparation reduces disruption, protects your business, and strengthens workplace stability.
