Most changes under the Employment Rights Act 2025 will take effect in 2026 and 2027. However, a first set of trade union reforms will come into force on 18 February 2026, two months after Royal Assent. These changes largely reverse measures introduced by the Trade Union Act 2016 and strengthen unions’ ability to take industrial action.

The key changes include:

  • Removal of the 40% turnout threshold for industrial action ballots in important public services.
  • Shorter notice periods: unions will only need to give 10 days’ notice of industrial action, down from 14.
  • Longer ballot validity: a successful industrial action ballot will last 12 months, giving unions more time to act on the mandate.
  • Reduced ballot and notification detail: unions will no longer need to provide detailed breakdowns of employees by role or workplace, making technical challenges harder.
  • No requirement for picket supervisors.
  • Automatic opt-in to political funds for union members (with the right to opt out retained).
  • Extended unfair dismissal protection: the current 12-week “protected period” for taking part in lawful industrial action will be removed, meaning protection will apply regardless of how long the action lasts.

Employers in unionised environments should expect less warning of industrial action, longer-running strike mandates, and fewer opportunities to challenge ballots on technical grounds. Planning, engagement with unions, and contingency arrangements will be more important than ever.

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.

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Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

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