Implementation and consultations resulting from the Employment Rights Act 2025 (the Act) are now steaming ahead and new Codes of Practice have been agreed or are being consulted on.
The Act marks the single biggest change to trade union laws since Margaret Thatcher’s government started restricting them during the 1980s. Many of the rights that were taken away from trade unions during that time have been repealed in this Act.
We have prepared a breakdown of the full extent of the changes to trade union laws, and those that surround strike and industrial action below.
Changes to Trade Union Laws
So, what are the key changes that have been made to trade union laws in The Act? Below is a timeline of key changes and when they are expected to come into effect:
What’s already changed?
Rules around for minimum service levels in the health, fire and transport sectors to be maintained during strikes was removed as The Act was given effect on 18 December 2025.
The following changes took place on 18 February 2026:
Dismissal for taking part in industrial action becomes ‘automatically unfair’. Removing the current 12-week limit for claiming unfair dismissal.
The time needed to give notice of industrial action will reduce from 14 to 10 days written notice.
Picket supervisors are no longer required.
Industrial action mandates will last for 12 months, instead of 6.
Industrial action and ballot notices will be simplified.
Political fund rules will change, meaning raising funds for political campaigning will be easier for unions.
How a trade union can be recognised in a workplace has been simplified from 6 April 2026.
August 2026
Trade union members will be able to vote electronically or in-person in ballots for industrial action, union elections, and other statutory ballots - so long as the employer and trade union agree.
The requirement for a 50% turnout for industrial action ballots will be removed.
October 2026
A new duty for employers to inform workers of their right to join a trade union will be created.
Updated rules on a trade union’s right of access to the workplace, making it easier for unions to communicate with members or potential members.
A new right to reasonable accommodation and facilities for trade union representatives to be provided by employers so they are able to carry out their trade union duties.
A new right to time off for union equality representatives to carry out their duties.
An updated code of practice on trade union recognition is currently being consulted on and is likely to be finalised and published.
Changes in 2027
Laws that protect trade union members from discrimination and being ‘blacklisted’ to be extended.
A new industrial relations framework to be created, helping employers and trade unions work together.
Workers will be able to vote electronically in ballots for trade union recognition and derecognition.
What to expect?
Under the current government there has been a clear shift towards improving and strengthening workers rights and helping to given unions a greater role in protecting those rights. Unions may increase their membership and gain more industrial muscle which in turn may result in more difficult industrial relations.
Only time will tell how these changes will affect the business landscape but we have to hope for a modern constructive approach being follows rather than our sinking back into the strike ridden depths of the 1970’s that brought with it nothing but strife and decline.
How Laytons ETL Can Assist
These changes are set to affect many employers and employees over the next couple of years throughout the UK. If you’re unsure how the changes will affect you, or need to speak to an Employment law specialist to figure out whether your business will be compliant, speak to one of our expert team today.
Related Expertise
Disclaimer: This publication is provided by Laytons LLP for informational purposes only. The information contained in this publication should not be construed as legal advice. Any questions or further information regarding the matters discussed in this publication can be directed to your regular contact at Laytons LLP or Laytons’ Employment team.
