ERA reforms in depth: Industrial action

Some of the reforms in this area have set implementation dates, as follows:

• Minimum service levels legislation was repealed on 18 December 2025.
• Some of the industrial action ballot reforms (as identified below) will take effect from 18 February 2026.

The new protection for workers against detriments short of dismissal is expected to come into force in October 2026.

According to the government’s implementation roadmap, electronic balloting for industrial action ballots is also set to be introduced in April 2026, following consultation into a draft code of practice on electronic and workplace balloting which was launched in November 2025.

Current position

The Trade Union Act 2016 imposed various additional requirements for trade unions organising industrial action including longer notice periods, higher ballot thresholds, appropriately supervising pickets and increased information provision to employers.

The existing minimum service legislation allows the government to set minimum service levels during strikes in essential services. These powers have not been used to date in any event.

What is changing?

The industrial action reforms outlined in the Act are:

• Minimum service levels legislation were fully repealed when the Act was passed.
• The following changes will take effect from 18 February 2026.
  • additional information to be included on the ballot paper (e.g. a summary of the issues in dispute and the type of industrial action short of a strike) will no longer be required.
  • the notice a trade union needs to give an employer of industrial action will be reduced from 14 to 10 days.
  • provisions requiring trade unions to supervise pickets will no longer apply.
  • the trade union’s mandate for industrial action will expire 12 months after the ballot, instead of 6 months after the ballot.
• At a later date to coincide with the introduction of e-balloting (expected to be April 2026), the government intends to change the balloting rules to require a simple majority of those voting for a ballot to be successful, with no requirements for any level of turnout.
• Following the Supreme Court’s decision in Mercer last year, the Act also seeks to introduce protection for workers against detriments short of dismissal for taking part in industrial action and to increase protection against dismissal for the length of any strike action by removing the current 12-week protected period.

The above changes will make it easier for trade unions to threaten and take industrial action. When considered alongside wider proposed changes making it easier for trade unions to gain access to workplaces and secure statutory recognition (read more about these changes here), these reforms represent a significant shift in the balance of power between employers and trade unions and is very much reflective of the government’s desire to increase collectivism and worker voice. The government’s aim is to move towards partnership working between employers, trade unions and government.

This further emphasises the importance of assessing your employee relations strategy and ensuring that workers have a ‘voice’ in the workplace, whether that is through employee bodies (such as forums and councils) or through a collaborative relationship with a recognised trade union.