The Employment Rights Act – A shift in power: why employers will face greater pressure from industrial action and union relations in 2026

Substantial union-related changes under the Employment Rights Act 2025 will take effect on 18 February 2026, ushering in significant shifts in the legal landscape for industrial action in the UK. These alterations are set to mean unions can escalate disputes into industrial action more rapidly, employers’ ability to challenge industrial action ballots will be limited, and employers will have less information to rely on when formulating contingency plans, meaning they will face additional challenges in managing industrial disruptions.

Here is a closer look at the key modifications employers can expect as of 18 February 2026:

1. Changes to ballot paper requirements

From 18 February 2026, unions will no longer need to provide detailed information on industrial action ballots. Under the new rules, the sample ballot paper no longer needs to include:

• A summary of the matters in issue in the trade dispute
• An indication of the specific type of industrial action in cases of ‘action short of a strike’
• The period within which the industrial action is expected to occur

Instead, the law will revert to the position prior to the Trade Union Act 2016, where the ballot paper will simply ask union members whether they want to participate in either strike action or action short of a strike. This simplifies the ballot process, enabling unions to escalate disputes into industrial action with less administrative burden.

2. Ballot notices to employers

Further limiting employers’ insight into the industrial action process, the changes will scale back the information unions must provide when issuing a ballot notice. Effective from 18 February 2026, unions will no longer be required to:

• Break down the number of members being balloted by job category and workplace
• Detail how the total number of employees concerned was determined

Instead, the union will only be required to list the categories of employees being balloted, the workplaces in which they are employed, and the total number of employees involved. This reduction in detail means that employers will no longer have the same insight into the distribution of union membership across their operations, making it harder to pinpoint specific areas of the business where the impact of industrial action is likely to be felt most acutely.

3. Notice of industrial action

Currently, unions must give 14 days’ notice before taking industrial action. Under the new rules, however, this notice period will be reduced to just 10 days for notices received on or after 18 February 2026.

4. Extended duration of ballot mandates

The period of validity for industrial action ballots is set to change, extending from the current six months to a full 12 months. This means that unions will have a longer window in which to act on the support they have received for industrial action, potentially prolonging disputes and offering greater flexibility in staging action at a time that suits the union.

5. New protection against dismissal for participating in industrial action

Currently, if an employee participates in industrial action that has been properly authorised by their union, they are generally protected from dismissal during the “protected period.” This protected period is typically 12 weeks from the start of industrial action, with certain provisions extending protection beyond that if the employer has not made reasonable efforts to resolve the dispute.

However, starting on 18 February 2026, the scope of protection for employees taking industrial action will be expanded significantly. The “protected period” will become effectively indefinite, meaning that employees cannot be dismissed for participating in industrial action, regardless of how long after the action they are dismissed. This opens the door for employees to file claims of automatically unfair dismissal months or even years after the action has ended, increasing the potential for employers to face costly legal challenges.

The shift could lead to more disputes over the real reasons behind dismissals, as employees may argue that their past involvement in industrial action was the primary cause of their termination.

Other changes coming into effect on 18 February 2026

• The obligation for unions to provide a designated picketing supervisor will be eliminated for any industrial action taking place from 18 February 2026 onwards.
• Currently, unions must secure a mandate for industrial action in “important public services” by achieving a 40% support threshold from all those balloted. In addition to this, the ballot must show a majority in favour of action, and at least 50% of eligible members must vote. However, this 40% support requirement for workers in important public services will be removed for ballots that open on or after 18 February 2026.

Further changes to industrial relations later in 2026

Beyond the immediate changes in February, further reforms are set to reshape the landscape for unions and employers later in 2026:

• Starting on 6 April 2026, new provisions will simplify the process for statutory trade union recognition. Under the new rules, unions seeking recognition will only need to show that they have between 2-10% membership in the proposed bargaining unit. The previous requirement to demonstrate that a majority of those workers in the proposed bargaining unit support recognition will be removed. Additionally, if the matter of recognition proceeds to a ballot, unions will only need to secure a simple majority of those voting in favour, and not the current 40%-of-the-whole-bargaining-unit threshold. This significantly lowers the overall threshold for statutory recognition.
• The introduction of electronic and workplace voting for industrial action ballots, along with the repeal of the 50% turnout requirement, is now scheduled for August 2026. This will further streamline the process, making it easier for unions to gain support for action.
• By October 2026, provisions will come into force that will include new rights for trade union officials and equality representatives, including more time off and improved facilities. Furthermore, protections against detriment for workers participating in industrial action will be extended. The legislation will also introduce a new duty to inform workers of their right to join a union and grant unions expanded rights to access workplaces, both physically and digitally, allowing them to communicate with all workers, not just their members.

These upcoming changes highlight the evolving balance of power in industrial relations, marking a period of significant legal reform that employers must prepare for.

By lowering the procedural hurdles for unions to organise industrial action, employers will face industrial action that is both easier to trigger and harder to plan around. Ten days’ notice is not a lot of time to contingency-plan, particularly when the underlying industrial action mandate can sit in the background for a full year, and when unions will no longer have to clearly detail the nature of the action to be anticipated.

Crucially, these reforms do not land in isolation. They are the opening act to the later changes detailed above. Employers with historically non-unionised workforces cannot afford to sit back and relax simply because February’s changes focus on industrial action mechanics. The ground is being prepared for a much broader shift in collective bargaining dynamics.

The enhanced dismissal protections for employees taking part in industrial action raise the stakes further. Employers will need to be forensic in separating any disciplinary or dismissal decisions from industrial activity, with clear evidence and documentation, or risk automatic unfair dismissal claims.

What employers should do now

The impending changes to industrial action law under the Employment Rights Act 2025 are set to reshape the dynamics between unions and employers, shifting the balance of power towards workers and their representatives. For employers, the key to navigating this new landscape will be staying informed and adapting quickly to these legal developments.

The reduction in the amount of information unions must provide, the shortening of notice periods, and the extension of protections against dismissal for participants in industrial action mean that employers will need to be more strategic and proactive when it comes to workforce management and contingency planning. It will be critical for employers to anticipate potential industrial action and have systems in place to manage disputes and maintain business continuity.

Employers should be stress-testing their employee relations strategy: understanding where pressure points exist, how engaged their workforce really is, and whether current internal communication channels are robust enough to withstand heightened union activity, or whether better employee voice mechanisms such as employee forums need to be set up. By preparing for these changes in advance, businesses can reduce the risks associated with industrial action and better manage the challenges ahead.

As an employer, if you anticipate needing support to navigate these changes, please reach out to the Employment Team at Clarkslegal LLP, for expert guidance and advice.