Trade union reforms come into force today

A number of changes to trade union regulations come into force today (18 February) as part of the Employment Rights Act 2025.

From 18 February 2026, the ERA repeals the great majority of the Trade Union Act 2016.

This first phase of trade union reform will simplify the information on ballot papers and notices of industrial action and remove the requirement to ballot members every 10 years on the use of political funds.

It means employers can only require 10 days' notice of industrial action, rather than the current 14 days and removes the 40% support threshold required before industrial action in "important public services".

The mandate for industrial action doubles from six to 12 months, and protection against dismissal for going on strike will extend to the length of the strike (this is currently 12 weeks).

The changes will also remove obligations relating to the supervision of picketing, and remove "check-off" conditions that were introduced in the public sector in 2024.

With regard to other aspects of trade union reform, the government launched a consultation last week on proposed changes to union recognition and e-ballot practices.

According to the government's updated timeline for implementation of provisions in the Employment Rights Act, October 2026 will see measures around employers' duty to inform workers of their right to join a trade union come into force, and will also strengthen trade unions' right of access.

This autumn will also see measures to prevent unfair practices in the trade union recognition process, new rights and protections for trade union representatives, and further extended protections against detriments for taking industrial action.

Also from today, employees who will be eligible for the new day-one right to paternity leave and unpaid parental leave can give notice to their employer.

British Medical Association council deputy chair Emma Runswick said: "Removing some of the most damaging anti-union red tape is a vital first step, but it is now crucial that the government implement the Act's delayed changes, including the introduction of electronic balloting and scrapping the 50% turnout threshold.

"Strong, effective trade unions are essential for good labour relations. These changes will help ensure employers and government take staff concerns into account rather than relying on anti-union legislation limiting the action unions can take. Of course, no change in process will fix the crisis in the NHS. Real progress can only be made when the government commits to rebuilding trust and improving the working lives of staff across the health service."

This article was originally published on 11 February but updated on 18 February.