Employment Rights Act 2025 essentials: Industrial action reforms

Author: Nick Chronias

In the latest part of our series exploring the detail of the Employment Rights Act 2025, we look at changes to industrial action laws and the potential impact on employers. We look separately at the related topic of trade union reforms.

On 18 December 2025, the Act effected the repeal of the seldom-used Strikes (Minimum Service Levels) Act 2023, which provided for minimum service levels during periods of strike action in certain services.

On 18 February 2026, phase one of the Government's trade union law reforms came into effect

The Government's rationale

"In recent years, trade union legislation has presented a significant barrier to effective, positive industrial relations in the UK… that [has] affected the ability of workers to organise, the ability of trade unions to organise, represent and negotiate on behalf of their workers, and the ability of workers and employers to cooperate, compromise and negotiate…

"The complexity of information required [in an industrial action ballot] can expose trade unions to excessive legal action when disagreements arise over whether the information provided meets the complex requirements of the 2016 Act. The risk of such legal action occurring has been significantly reduced by case law. Nonetheless, legal action has been used in an attempt to prevent industrial action taking place over these disagreements.

"The government intends to simplify the requirements on industrial action ballots and notice to employers to:

• help ensure that both employer and union resources are devoted to resolving disputes
• reduce pressure on the court system and reduce the scope for employers to challenge on a technicality industrial action that has democratic workplace support
• more evenly distribute power in an industrial dispute and protect individual union members from identification."

Source: Making Work Pay - Consultation on creating a modern framework for industrial relations: Consultation on creating a modern framework for industrial relations

What changed on 18 February 2026?

The Employment Rights Act 2025 repeals most of the changes to industrial action ballots introduced by the Trade Union Act 2016. This means, from 18 February 2026:

• Ballot papers will have to specify only which type of industrial action members want to take part in (strike action or action short of a strike). 
• Ballot papers will no longer have to describe the trade dispute, period in which industrial action may be called or what form of action short of a strike the union may call.
• The information required in ballot notices and the notices given to employers will be simplified so that trade unions only have to provide details of the categories and locations of the balloted workers and the total number of them being balloted (or the total number of non-check-off members if the union provides this information only as it is entitled to do).
• Unions will only have to give 10 days' notice of industrial action, instead of the current 14 days.
• The industrial action mandate expiration is extended from the current six months to 12 months.

As explained in the accompanying trade union reforms article, it is also now automatically unfair to dismiss a worker for taking part in protected industrial action at any time.

Further changes

Trade unions will be able to conduct industrial action (and other statutory) ballots electronically.

The Government has consulted on a draft Code of Practice on Electronic and workplace balloting. This sets out three possible balloting methods, and provides detailed guidance on how each of them should operate:

• "Pure" e-balloting (fully digital), where a means of access to a secure electronic balloting platform is distributed to voters electronically by email, SMS or internet-based message.
• Hybrid e-balloting, where a physical ballot paper is distributed to voters by post, and voters can return it either electronically (via a secure electronic platform in the same way as a pure e-ballot) or by post.
• Workplace balloting, where voters cast their ballot in person in an appropriate location at or near their employer's premises.

Industrial action ballots may be run using any of these balloting methods (and/or as postal ballots).

The draft Code sets out detailed roles and responsibilities for a senior union official, the union itself and the independent scrutineer in the running of these ballot processes. Employers have no role under the Code, nor any express right to challenge the actions of these parties.

The Government has indicated that it plans to introduce electronic and workplace balloting in connection with industrial action ballots in August 2026, and in connection with recognition and derecognition ballots in 2027.

From 1 October 2026, it will be unlawful to subject trade union members and their representatives to detriments for taking protected industrial action.

The Government has also said that the 50% industrial action ballot turnout threshold will be repealed, meaning a simple majority of those voting will be needed to secure an industrial action mandate. The date for this change has yet to be confirmed.