Employment Rights Act 2025: Trade Union Reform Coming In 2026
Published byRobyn Black
Many of the measures contained in the Employment Rights Act 2025 will be implemented in April and October 2026 with the remainder during 2027.
However, the Government has now published Guidance on the transitional and saving arrangements for the trade union measures of the Employment Rights Act 2025 coming into force on 18 February 2026. The guidance can be accessed here.
The measures are summarised below and each change will only apply to notices, ballots, and industrial actions that begin on or after 18 February 2026.
Notice of industrial action ballot
From 18 February 2026, the requirements for these notices will be reduced:
• The notice before holding a ballot only needs to include categories of employees being balloted, their workplaces, and the total number of employees concerned.
• Where union subscriptions are deducted from wages, the notice must include either these details or enough information for the employer to work them out.
• The obligation to provide a sample voting paper at least three days before the ballot remains unchanged.
Industrial action ballot voting paper
• The 2025 Act reduces the amount of information that must be included by unions on voting papers issued after 18th February 2026.
• Union members will only be asked which type of industrial action they want to take part in – strike action or action short of strike.
Industrial action ballot threshold
• For ballots opening on or after 18 February 2026, requirement for a 40% support threshold to be met in industrial action ballots is removed in certain important public services.
• However, the ‘turnout threshold’ of at least 50% of all eligible members will remain in place for the moment.
Mandate period for industrial action
• The mandate period for industrial action, following a successful ballot, has been raised from 6 months to 12 months.
• The increase to 12 months will only apply to ballots opened on or after 18 February 2026. Mandates obtained under ballots opened before that date will not be automatically extended. Unions would need to re-ballot to secure a 12-month mandate.
Notice of industrial action
• The notice period a trade union must give to an employer of industrial action will be reduced from 14 days to 10 days.
Protection against dismissal
• Currently, employees are protected from dismissal related to industrial action protected for the first 12 weeks of lawful industrial action. The protected period will no longer be limited in time, which means that protection applies regardless of the length of the industrial action.
• This enhanced protection will only apply to industrial action begun on or after 18 February 2026. Where the action began before that date, employees will continue to benefit from the existing protection - protection against dismissal for the first 12 weeks of the dispute.
Other changes
• There will no longer be a requirement for trade unions to appoint a picketing supervisor.
• There is to be a simplification of industrial action and ballot notices, with a reduction on the amount of information to be included. For example, Unions will no longer be required to disclose the number of employees from each category of affected employees, whom are expected to take part in the industrial action.
• From 18 February 2026, new union members will be automatically opted in to contributing to the union's political fund (if it has one), unless they expressly opt out. Existing members who are not contributing will remain opted out. The requirement for unions to ballot members every 10 years on the maintenance of a political fund will also be removed.
What do these changes mean for employers?
These reforms mark the first phase of significant changes designed to strengthen trade union rights and make it easier for workers to organise and be represented. For HR and Employers alike, this means preparing for increased union activity and potentially more frequent and prolonged industrial action.
The information contained in this newsletter is for general guidance only and represents our understanding of relevant law and practice as at January 2026. Wright, Johnston & Mackenzie LLP cannot be held responsible for any action taken or not taken in reliance upon the contents. Specific advice should be taken on any individual matter. Transmissions to or from our email system and calls to or from our offices may be monitored and/or recorded for regulatory purposes. Authorised and regulated by the Financial Conduct Authority. Registered office: 319 St Vincent Street, Glasgow, G2 5RZ. A limited liability partnership registered in Scotland, number SO 300336.
