Navigating Trade Union reform: are you ready?

On 18 February 2026, the first set of trade union reforms will come into effect. In this article, we examine these changes alongside the government's guidance Trade union law: transition to Employment Rights Act 2025 which explains how to manage cases that began under the Trade Union Act 2016 but remain ongoing when the relevant provisions of the Employment Rights Act 2025 take effect.

Notice of industrial action ballot

A union must give the employer at least seven days' notice before holding a ballot for industrial action. The notice must:

• Confirm the union intends to hold a ballot and specify the opening date  
• List the categories of affected employees and the number in each
• List the workplaces involved and the number at each
• State the total number of employees concerned; and
• Explain how these figures were calculated

If some or all affected employees have union subscriptions deducted from wages, the notice may instead provide enough information for the employer to work out these details. 

The Employment Rights Act 2026 ('the Act') simplifies the notice requirements. From 18 February 2026, the notice only needs to include the categories of employees being balloted, their workplaces, and the total number of employees concerned. If union subscriptions are deducted from an employee's 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

For an industrial action ballot, the voting paper must: 

• Summarise the issue(s) in the trade dispute
• Specify the type(s) of industrial action; and
• Indicate the expected period(s) for each type of industrial action

The Act reduces the amount of information that unions must include so a union will just have to ask which type of industrial action they want to take part in - strike action or action short of a strike. 

The guidance confirms that reduced requirements apply to ballots opening on or after 18 February 2026. They do not apply if a sample voting paper was provided to the employer before that date.

Industrial action ballot support threshold

In ballots of workers in ‘important public services’ (such as health, education, or transport), at least 40% of those entitled to vote must support the industrial action - this is known as the ‘support threshold’. This is in addition to the requirement in all industrial action ballots that at least 50% of eligible members must vote - the ‘turnout threshold’. 

The government initially proposed removing both thresholds at the same time, so that a simple majority of those voting would suffice, with no minimum turnout requirement. However, it decided the delay removing the turnout threshold until the introduction of electronic balloting, expected in April 2026. 

As a result, for ballots opening on or after 18 February 2026, the 40% support threshold will be removed for industrial action ballots in certain important public services. The turnout threshold will, however, remain in place for the moment.  

Mandate period for industrial action

Industrial action authorised by a ballot is currently valid for six months from the date of the ballot, or up to nine months if the union and employer agree.  This period will increase to 12 months. 

The guidance confirms that the 12-month mandate will only apply to ballots opened 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 period for industrial action

The Act reduces the notice period a union must give an employer before industrial action from 14 days (or 7 days if the employer agrees) to 10 days. The guidance confirms that transitional arrangements mean that the 14 (or 7) day notice period will continue to apply where the employer receives notice before 18 February 2026. 

Notice to employer of industrial action

Currently, the notice must:

• Be in writing
• List the categories of affected employees and the number in each category
• List the workplaces and the number of affected employees at each
• State the total number of affected employees and explain how these figures were calculated
• Specify whether the industrial action will be continuous or non-continuous
• For continuous action, give the start date; and
• For non-continuous action, give the intended dates 

Under the Act, unions will no longer need to disclose the number of employees in each category expected to take part. The guidance confirms that the existing requirements will continue to apply to any notice received before 18 February 2026, when the reduced requirements come into force.

Protection against dismissal for taking industrial action

Currently, employees taking part in industrial action are protected from dismissal for the first 12 weeks of the dispute. The Act removes this time limit, so protection will apply for the entire duration of an official, lawful strike and after the strike has concluded. 

The guidance confirms that 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

• Picketing supervisor: the requirement for a union to appoint a picketing supervisor is removed.
• Facility time reporting: public sectors employers will no longer be required to publish are data on facility time (e.g. time off for union duties). However, relevant employers must still publish information for any period ending before 18 February 2026.
• Check-off arrangements: current rules restrict public sector employers from deducting union subscriptions unless workers have alternative payment options and unions reimburse employers for the service. These requirements will be repealed.
• Political fund: 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. 

Updated codes of practice

The government has updated the code of practice on picketing, which provides practical guidance on picketing during trade disputes, and the code of practice on industrial action ballots and notice to employers to reflect the changes introduced by the Act. Both codes have been laid before parliament for approval. 

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. Further changes will take place in April and October 2026. For you, this means preparing for increased union activity and potentially more frequent and prolonged industrial action.

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