Trade unions and industrial action

UK employment law reforms on the horizon (as of February 2026)

Trade union recognition

The ERA simplifies the statutory recognition process. The government believes the current process makes it too difficult for trade unions to gain recognition.

Implementation Status

  • The new recognition rules are expected to come into force on 6 April 2026. Regulations were made on 5 January 2026 to bring certain provisions into effect on that date. 
  • The government is currently consulting on the rules on access and unfair practices and widens the ban on unfair practices (closes 1 April). 
  • Watch out for further consultations on the percentage of workers who are union members in a proposed bargaining unit.
  • The government has committed to introducing electronic balloting for statutory recognition ballots in 2027.
     
Action
  • Trade unions may now start actively seeking recognition, including asking for rights of access to workplaces. Employers should decide who in the business will be responsible for dealing with these requests and think through the legal and practical steps involved in responding.
  • Employers should keep up-to-date records of workers in any potential bargaining unit, including names, dates of birth and job categories. This information must be given to the CAC within five working days of receiving notice of a recognition application.
  • Employers should build and maintain good relationships with any existing staff forum. If there is no staff forum in place, employers should think about whether to set one up as a way of communicating with their workforce.
  • Employers should also review how they engage with staff, keep track of any changes to the rules, deal with any concerns about engagement, and consider all available options — including voluntary recognition.
In detail
  • If a trade union cannot reach a voluntary recognition agreement with an employer, it can apply to the Central Arbitration Committee (CAC) for statutory recognition. To do so, it must satisfy certain admissibility conditions. These include showing that at least 10% of workers in the proposed bargaining unit are union members, and that a majority of workers in the bargaining unit would be likely to favour recognition. The union must also hold a valid Certificate of Independence, and the employer must employ at least 21 workers in total. If the CAC orders a ballot, recognition will only be awarded if a majority of those voting support recognition and those votes in favour represent at least 40% of all workers in the bargaining unit
  • The ERA makes the following changes:
    • Trade unions no longer need to show, at the application stage, that a majority of workers in the bargaining unit would be likely to support recognition..
    • The ERA allows the current 10% union membership threshold — which must be met for the CAC to accept an application — to be replaced with a figure anywhere between 2% and 10%. The government will consult before making this change. Until new regulations are made, the 10% threshold stays in place.
    • The requirement that recognition must be supported by at least 40% of all eligible workers in the bargaining unit is removed. A union will now only need a simple majority of those who actually vote in any ballot for  the CAC to grant recognition.
    • The size of the bargaining unit will be measured at the point when the CAC receives the application. This stops employers from hiring extra workers into the bargaining unit to reduce the proportion of union members.
    • Once the CAC accepts an application and decides a ballot is needed, both sides will have 20 working days to agree on how the union can access workers in the bargaining unit. If no agreement is reached, the CAC can step in.
    • A new agreement with a non-independent union will no longer automatically block an application for recognition from an independent union, though certain timescales and conditions will still apply.
  • The ERA updates the rules on access and unfair practices and widens the ban on unfair practices. The Code of Practice on unfair practices during recognition and derecognition ballots will be revised — including to cover electronic ballots — and will apply from the moment the CAC accepts a union's application right through to the end of the process.
  • The government has committed to introducing electronic balloting for statutory recognition ballots in 2027.
Impact

  • The changes will make it easier for trade unions to win recognition and we may see an increase in statutory recognition applications. However, it remains to be seen how effective that recognition will be in practice where only a small number of workers are.

  • The CAC's Annual Report 2024/25 shows that 63 applications were received in the year to 31 March 2025 compared with 53 two years earlier and 81 the year before. The data also shows that 43% of applications involved employers with fewer than 200 workers, and the average bargaining unit had 93 workers.                                        

Trade union rights

The ERA increases the rights of unions and their representatives in the workplace, including the right a requirement for workers to be given a written statement advising them of their right to join a trade union, provisions for "access agreements" allowing union officials to access the employer's workplace for the purposes of meeting, representing, recruiting or organising workers or facilitating collective bargaining (but not to organise industrial action), and strengthening the existing right for trade union representatives to receive paid time off to carry out their duties and provided with access to facilities and new such rights for trade union equality representatives.

Implementation Status

Trade Union Workplace Representatives

  • ERA: Expected to come into force October 2026
  • Acas will be required to produce a Code of Practice on time off and facilities for trade union representatives. New rights and protections for representatives will be covered by a separate Acas consultation.

Right to a Statement of Trade Union Rights

  • ERA: Expected to come into force by October 2026.
  • We are awaiting the outcome of the consultation (closed 18 December 2025). 

Right of Trade Unions to Access Workplaces

  • ERA: Expected to come into force October 2026
  • We are awaiting the outcome of a consultation on workplace access rights (closed 18 December 2025) This new right is expected to come into force in October 2026.

Blacklisting

  • ERA: Expected in force 2027
  • Awaiting consultation on the detail of the reforms. 
     
Action
  • Employers will need to make sure that an appropriate statement about the right to join a trade union is included in the employment contract or written statement given to workers, alongside any existing obligations under section 1.
  • Given that trade unions are likely to actively seek recognition and access to workplaces, employers should decide who in the business will handle these requests and think through what is legally and practically involved.
  • Employers should build and maintain good relationships with any existing staff forum. If there is no forum in place, employers should think about whether to set one up as a way of keeping in touch with their workforce.
  • Employers who already have time off arrangements in place will need to review their policies, check how managers are applying them, update them to include facilities and equality representatives, and make sure that those responsible for managing time off are aware of the changes.
  • Employers should keep up to date with developments and review their practices ahead of the expanded blacklisting rules, which are expected to come into force in 2027.
In detail

Trade Union Workplace Representatives

  • Officials of a recognised independent trade union currently have a statutory right to paid time off during working hours to carry out trade union duties and to attend relevant training. Whether that time off is reasonable — including how much is taken and any conditions attached — is assessed against the relevant Acas Code of Practice. There is currently no equivalent statutory right to facilities such as office space or equipment.
  • The ERA strengthens the existing right to paid time off and adds a new right to appropriate facilities. Employers will be required, on request, to provide trade union officials and union learning representatives with suitable space and other facilities to help them carry out their duties and training, so far as this is reasonable and in line with any Acas Code of Practice. Examples of appropriate facilities might include meeting rooms, office space or access to the employer's internet or intranet. The Acas Code of Practice will be updated to reflect these changes.
  • If an employee complains that their employer refused to allow them time off, the employer will now bear the burden of proving that the amount of time off requested was not reasonable.
  • A new statutory right will also be introduced for trade union equality representatives. They will be entitled to a reasonable amount of paid time off during working hours to carry out activities aimed at promoting equality in the workplace, and will also be able to request appropriate facilities and space. This right applies only where the trade union has given the employer written notice that the individual is an equality representative and where the relevant training conditions have been met.

Right to a Statement of Trade Union Rights

  • Employers are not currently required to tell workers about their right to join a trade union.
  • Employers will be required to give workers a written statement telling them about their right to join a trade union. This must be provided at the same time as the section 1 written statement of employment particulars, and at other set times. Regulations will set out what information must be included, what form the statement should take and how it must be delivered.
  • If an employee wins a tribunal claim on another ground and the employer failed to provide this statement, the tribunal may award additional compensation.
  • The government's preferred approach, set out in the consultation launched in October 2025, is for employers to use a standard government-produced statement — with any relevant workplace-specific details added — at the start of employment and once a year for existing workers, provided it is given to workers directly rather than posted on a notice board or intranet.

Right of Trade Unions to Access Workplaces

  • Trade unions currently have no legal right to enter workplaces. Under the ERA, independent trade unions — those holding a certificate of independence — will be able to enter into access agreements with employers. These can cover both physical access to the workplace and digital access to workers. The permitted purposes are meeting, representing, recruiting or organising workers, or supporting collective bargaining. These new rights will not extend to organising industrial action.
  • Where an employer does not respond to a request for an access agreement, or where the parties cannot agree terms, an application can be made to the CAC. The CAC will also be able to deal with alleged breaches of access agreements or cases where access has been blocked by a third party.
  • The government proposes to exclude employers with fewer than 21 workers from this new right.
  • A fast-track route will be available in certain circumstances, to address concerns about how long the access process might take.
  • After a union submits a request for access, the employer will have a set time to respond. The consultation proposes five working days for the employer's initial response and 15 working days to negotiate the terms of an agreement. Any unresolved disputes will be referred to the CAC.
  • Where an employer fails to comply on more than one occasion, the CAC may impose a financial penalty. The consultation proposes a starting maximum of £75,000, rising to £150,000 for repeat breaches. A list of relevant factors will guide the level of any penalty.
  • A new Code of Practice on Trade Union Right of Access will encourage both parties to use standard templates when making and responding to requests.
  • We are awaiting the response to a consultation which closed on 18 December 2025 and which will shape the regulations implementing this right.

Blacklisting

  • Blacklisting is the unlawful practice of putting trade union members or activists on lists that are then used by employers when making recruitment or employment decisions. The Employment Relations Act 1999 (Blacklists) Regulations 2010 make it unlawful for employers, employment agencies and third parties to compile, share or use such lists for discriminatory purposes, including when vetting job applicants.
  • The ERA widens the powers of the Secretary of State to make regulations banning the compilation of lists used for discriminatory purposes in connection with recruitment or the treatment of workers. The expected regulations are likely to:
  • Extend the ban to cover third parties who compile blacklists, by removing wording that currently limits the ban to lists compiled for use by employers or employment agencies.
  • Widen the ban to cover lists that were not originally compiled for discriminatory purposes but are later used in that way.
  • Make clear that the blacklisting ban applies to lists produced by predictive technology.
Impact
  • Together, the changes to trade union rights will increase the visibility and influence of trade unions across workplaces, including those where unions have had little or no presence before.
  • The requirement to give workers a statement about their right to join a trade union — alongside the existing section 1 written particulars — has been highlighted by the government as central to its commitment to giving workers a stronger voice, improving workplace representation, and raising standards through greater union membership and involvement.
  • On access rights, the new right will cover both physical access to the workplace and digital contact with workers. This will be particularly important for unions trying to reach remote and hybrid workers. For unions that do not yet have recognition, the access right will give them a practical route into workplaces to recruit members and, in time, to pursue recognition.

Industrial action

Implementation status

Strikes: Minimum Service Levels

  • ERA: The Strikes (Minimum Service Levels) Act 2023 was repealed on 18 December 2025.

Ballots: Turnout and Support Thresholds

  • ERA: The 40% support threshold for important public services has been removed for ballots opening on or after 18 February 2026.
  • The 50% turnout threshold will be lifted once electronic balloting has been introduced — currently expected in August 2026. Until then, the 50% requirement remains in place.

Ballots: Picketing Supervisor

  • ERA: The 2016 rules requiring a picketing supervisor repealed on 18 February 2026 (subject to transitional provisions).

Reforms around Industrial Action Ballot

  • Notice of ballot: In force from 18 February 2026 (subject to transitional provisions)
  • Information to be Included on Voting Papers: In force from 18 February 2026 (subject to transitional provisions)
  • Notice to Employers of Industrial Action: In force from 18 February 2026 (subject to transitional provisions)

Duration of industrial action

  • ERA: New 12 month ballot mandate in force from 18 February 2026.

Electronic Balloting

  • Expected from August 2026, with statutory recognition ballots to follow in 2027.

Protection for Taking Industrial Action

  • The strengthened automatic unfair dismissal protection came into effect on 18 February 2026 for industrial action starting on or after that date.
  • New detriment protections are expected to come into force in October 2026.
  • A consultation on protection against detriments for taking part in industrial action is expected.

     
Action
  • It will be easier for trade unions to organise industrial action. Employers need to plan ahead and identify in advance where industrial action might occur — particularly given the shorter notice periods now in place.
  • Electronic balloting is likely to make it easier for trade unions to meet the relevant thresholds for industrial action, as it should increase member participation and cut the cost of running ballots.
  • Where protected industrial action takes place, managers need to understand that employees are not only protected from dismissal but will also — once the new rules come into force — be protected from any form of detriment short of dismissal.
  • Employers should carry out a thorough review of their approach to industrial relations, dispute resolution procedures and contingency plans, taking into account all the changes coming into effect during 2026.
In detail

Strikes: Minimum Service Levels

  • The Strikes (Minimum Service Levels) Act 2023 gave the government powers to set minimum service levels in key sectors during industrial action, including emergency services, border security, education, passenger rail and the nuclear sector. Where minimum service levels applied and a union gave notice of strike action, employers could issue a work notice specifying which workers were needed to maintain safe service levels.
  • The Strikes (Minimum Service Levels) Act 2023 has been repealed in full.

Ballots: Turnout and Support Thresholds

  • At present, a majority of union members must vote in favour of industrial action, and at least 50% of all eligible members must take part in the ballot. For workers in "important public services" — such as transport, education and border security — at least 40% of all those entitled to vote must have voted in favour.
  • The 40% threshold for important public services has been removed for ballots opening on or after 18 February 2026. The 50% participation threshold will remain until the impact of electronic balloting has been assessed — with e-balloting for industrial action expected in August 2026. Once both thresholds are gone, a simple majority of those who vote will be enough for industrial action to go ahead lawfully.

Ballots: Picketing Supervision

  • The Trade Union Act 2016 required trade unions to appoint a picketing supervisor and comply with a number of related obligations.
  • The ERA removes the requirement to appoint a picketing supervisor and all the associated obligations, with effect from 18 February 2026.

Notice of Industrial Action Ballot

  • Before opening an industrial action ballot, trade unions must currently notify the employer and provide specific information — including the number of employees in each category being balloted, the workplaces involved and an explanation of how those figures were worked out.
  • Many of the current requirements — most of which were introduced by the Trade Union Act 2016 — will be removed. The notice will only need to include: a list of the categories of employees being balloted; a list of the workplaces where those employees work; and the total number of employees involved. The requirement to give at least seven days' notice before the ballot opens is retained.

Information to be Included on Voting Papers

  • Voting papers for industrial action ballots must currently include specific information, such as a summary of the matters in dispute and a description of any action short of a strike being proposed.
  • Ballot papers will be simplified. Trade unions will only need to ask members whether they wish to take strike action or action short of a strike. The additional requirements introduced by the Trade Union Act 2016 — including the need to summarise the dispute, state how long the action is expected to last or describe the type of action short of a strike proposed — will all be removed.

Electronic Balloting

  • All statutory trade union ballots — including those on industrial action — currently require a postal vote. This has long been criticised as costly and burdensome. Trade unions have consistently argued that postal voting reduces participation and weakens democratic engagement.
  • From August 2026, trade unions will be able to use electronic or workplace ballots for certain statutory votes, starting with industrial action ballots. The 50% participation threshold will remain under review until the effect of e-balloting has been assessed, and will only be removed once that assessment is complete. Electronic and workplace balloting will be extended to statutory recognition ballots in 2027.
  • The government has consulted on a code of practice for electronic and workplace balloting. It will also recommend using email — rather than first class post — to notify employers and members of ballot results, and the relevant Code of Practice will be updated accordingly.

Notice to Employers of Industrial Action

  • Once a trade union has a ballot mandate for industrial action, it must give the employer notice within the required period before action starts. Since 2017, the minimum notice period has been 14 days, though this can be reduced to seven days by agreement. The notice must also include specific information, such as a breakdown of the number of employees in each category expected to take part.
  • The minimum notice period will be reduced from 14 days to 10 days, broadly returning to the position before the 2017 changes. Trade unions will also no longer need to provide a breakdown of employees by category.

Period After Which Industrial Action Ceases to be Effective

  • A ballot mandate for industrial action currently lasts six months from the date of the ballot, though the union and employer can agree to extend this to nine months.
  • The mandate period will be extended from six months to 12 months. This applies to ballots opened on or after 18 February 2026, and the mandate cannot be extended further by agreement. Under the old rules, the parties could agree a further three-month extension — that option no longer exists.
  • The government's view is that 12 months strikes the right balance: it reduces the cost and burden of repeated re-balloting while ensuring that mandates do not last so long that they no longer reflect what members currently think, and without allowing disputes to be pursued on the basis of an outdated mandate.

Protection for Taking Industrial Action

  • Section 146 of TULR(C)A 1992 currently protects workers from suffering a detriment because of trade union membership or involvement in trade union activities. In Secretary of State for Business and Trade v Mercer [2024], the Supreme Court found that the existing law gives no protection against sanctions short of dismissal that are designed to deter workers from taking part in lawful strike action. The Court found the law to be incompatible with Article 11 of the European Convention on Human Rights. Under the current rules, employees taking protected industrial action are also only protected from automatic unfair dismissal for a 12-week period.
  • The ERA amends TULR(C)A 1992 to make clear that workers must not be subjected to a specified detriment — whether by something the employer does or deliberately fails to do — where the employer's main purpose was to prevent, deter or punish the worker for taking protected industrial action. Regulations may further define what counts as a detriment for these purposes. Where a tribunal upholds a complaint of detriment short of dismissal, it may issue a declaration and award compensation it considers fair in all the circumstances.
  • The ERA also removes the 12-week limit on automatic unfair dismissal protection for employees taking part in protected industrial action. An employee will be treated as automatically unfairly dismissed where the reason — or main reason — for dismissal is that they took part in protected action, regardless of how long that action has been running. This applies only to industrial action that began on or after 18 February 2026. Where participation began before that date, the old 12-week protected period continues to apply.
     
Impact
  • Ballots: Turnout and Support Thresholds: Removing the 40% support threshold for important public services from 18 February 2026, and the planned removal of the 50% turnout threshold when e-balloting is introduced in August 2026, will together make it easier for trade unions to take lawful industrial action. This represents a significant shift in the balance between the right to strike and the ability of employers and service users to avoid disruption.
  • Notice to Employers of Industrial Action: Cutting the minimum notice period from 14 days to 10 days means that trade unions will be able to move to industrial action more quickly once they have a ballot mandate. Employers will have less time to prepare, making early contingency planning even more important.
  • Electronic Balloting: E-balloting from August 2026 will make it cheaper and simpler for trade unions to run industrial action ballots and is likely to increase member participation. Employers should factor this into their planning and make sure contingency arrangements are reviewed and updated well before August 2026.
  • Protection for Taking Industrial Action: The Supreme Court's decision in Mercer confirmed that current law fails to protect workers against sanctions short of dismissal intended to discourage participation in lawful strike action, and is incompatible with Article 11 ECHR. The ERA fills this gap by introducing clear detriment protections. Employers must ensure that those responsible for managing employee relations are fully aware of these new protections and properly trained before the provisions come into force in October 2026.