Trade union reform: what schools and colleges need to know

Significant waves of reforms affecting trade unions and their members will take place throughout 2026. In this article, we outline what has already changed, what reforms are still to come, and what they mean for schools and colleges.  

What has already changed?

When the Employment Rights Act 2025 received Royal Assent on 18 December 2025, it immediately repealed the Strikes (Minimum Service Levels) Act 2023. The Act had allowed the Secretary of State to set minimum service levels during strikes in certain sectors, including education. However, as it was never used in practice, its repeal has little practical impact.

Further changes took effect on 18 February 2026:

1. Notice of industrial action ballot

Previously unions had to provide the following details:

• Confirm it 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

Since 18 February 2026, unions only need to include the categories of employees being balloted, their workplaces, and the total number of employees concerned.

2. Industrial action ballot voting paper 

Voting papers no longer need to summarise the issues in the trade dispute, specify the types of industrial action, and indicate the expected periods for each type of industrial action. Unions now only need to ask which type of industrial action they want to take part in - strike action or action short of a strike. 

3. Industrial action ballot support threshold

The government has removed the former requirement for at least 40% of eligible voters in ‘important support public services’ (including education) to support industrial action.

4. Mandate period for industrial action 

The mandate now lasts for 12 months, instead of six. However, mandates from ballots opened before 18 February 2026 do not extend automatically, so unions must re-ballot to secure a 12-month mandate.

5. Notice period for industrial action

The government has reduced the notice period that unions must give employers before industrial action from 14 days to 10. 

6. Notice to employer of industrial action

Previously, the notice had to: 

• Be in writing
• List the categories of affected employers 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

Unions no longer need to disclose the number of employees in each category who they expect to take part. However, the other provisions remain. 

7. Protection against dismissal for taking industrial action 

Employees taking part in official, lawful industrial action are now protected from dismissal for the full duration of the strike and afterwards. Previously, the law only protected them during the first twelve weeks of the dispute.

8. Other changes

• Picketing supervisor: unions no longer need to appoint a picketing supervisor
• Facility time reporting: public sector employers no longer need to publish facility time data for periods ending after 18 February 2026.
• Check-off arrangements: public sector employers were previously restricted from deducting union subscriptions unless workers had alternative payment options and unions reimbursed employers for providing the service. These requirements have now been removed.
• Political fund: new members are 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. Unions no longer need to ballot members every ten years on maintaining their political fund.

What is changing next?

On 6 April 2026, the statutory procedure for the recognition of trade unions for the purpose of collective bargaining will be simplified:

• The 10% threshold for the Central Arbitration Committee to accept a trade union application will be replaced with a test of between 2% and 10%
• The requirement for a union to show that a majority will support trade union recognition will be removed; and
• The 40% support threshold for recognition ballots will also be removed

In August 2026, electronic and workplace balloting will be introduced, and it is also expected that the current ‘turnout threshold’ (where at least 50% of eligible members must vote in an industrial action ballot) will be removed at the same time, meaning unions will only need a simple majority. 

• Duty to inform workers of right to join a trade union
• New right for trade unions to request access to the workplace
• A new right for trade union reps to request accommodation and facilities for their duties and training
• A new right for equality reps to take time off to promote equality and consult with employers on equality issues; and
• Employees will be protected from being subjected to a detriment for taking part in industrial action

What does this mean for schools and colleges?

The simplification of the recognition process is unlikely to have a major impact, as the state education sector already has high levels of unionisation. Similarly, removing ballot thresholds will make it easier for unions to secure a mandate, but those thresholds have not prevented significant strikes in the education sector in recent years.

Other reforms may have a more noticeable effect on schools and colleges. Unions will be able to take industrial action more quickly, and the new right of access will be particularly significant - even for schools and colleges that already recognise one or more trade unions.

• Consider whether employees feel listened to, supported and confident raising concerns. Identify any unresolved issues and take action to build trust and reduce the perceived need for union representation
• Review and strengthen working relationships with existing recognised trade unions
• Plan how you will handle trade union access requests - who will manage them and where will you accommodate union visits; and
• Start to consider the practicalities of how you will update onboarding and communication processes to reflect the new requirement to inform employees of their right to join a union. 

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