Changes to the law have come into place that will enhance the influence of unions in the workplace.
The latest raft of reforms being ushered in by the Employment Rights Act, which came into force on Wednesday 18 February, largely repeal the Trade Union Act 2016, making it easier for industrial action to take place and reduce the administrative burdens on unions.
Kerrie Hunt, Thrings’ Head of Employment, takes a look at the changes and what this means for employers.
What is changing?
The key changes coming into effect include:
· Protections have been introduced for employees that receive detrimental treatment or are penalised for taking lawful industrial action – though we await the regulations that will set out the specified unlawful detriments.
· It is now automatically unfair to dismiss an employee for taking part in protected industrial action at any time (during or after such action), expanded from only covering them within the first 12 weeks.
· Requirements for information in relation to ballot notices and industrial action notices have been simplified and limited to categories and total number of employees balloted and workplaces; numbers at workplaces are only required in industrial action notices.
· Requirements for information required for ballot voting papers are simplified with unions are no longer needing to set out a summary of the dispute, the periods for industrial action or the types of action (other than strikes) that will be taken.
· Trade unions are only required to give 10 days’ notice to employers before taking industrial action – a reduction from 14 days.
· Industrial action mandates will now be valid for 12 months for ballots opened on or after 18 February 2026 – an increase from six months (or nine months by agreement).
· Unions are no longer required to appoint a picket supervisor, with other supervision requirements previously needed during industrial action now removed.
· The additional 40% strike ballot threshold in “important public services” has also been removed.
· Public sector employers are no longer required to publish facility time data.
· New members of unions are automatically opted in to trade union political funds, with a continuing right to opt out – changed from previously being automatically opted out.
What else is changing?
In April 2026, further changes will come into force around the trade union recognition process, including changes to the thresholds in Recognition ballots to a simple majority rather than 40%.
Meanwhile, August 2026 will bring electronic and workplace balloting into play and in October 2026, a significant change for all employers, who will have new obligations in relation to trade unions and a new duty to inform workers of their right to join a union; alongside increased rights of access for unions who can request physical or digital access to the workplace, strengthen by new rights and protections for trade union representatives.
What employers should do
In order to stay compliant and protected as the new reforms come into force, it is recommended that employers should:
· Review all internal policies and processes in relation to trade unions and industrial action procedures to ensure they do not conflict with the new legislation.
· Ensure managers and HR teams receive sufficient training around the changes, particularly on the new rules for dismissal protections.
· Review employment contracts, handbooks and communications and think ahead in preparation for the new duty in October to provide compliant written notices for current and new employees about their rights to join a union.
· Conduct risk reviews and update contingency plans around current industrial relations strategies.
Kerrie Hunt, Thrings’ Head of Employment, said: “Employers who already recognise a trade union and work with them in their business, will need to keep up with the changes in this arena.
“Given that there are further changes still to come that will give unions greater rights of access to the workplace and to your workforce and a duty on the part of all employers to advise employees of their right to join a union, it would be a mistake to assume that these changes may not affect your business in future.
“Ensuring you are informed and protected is the most important thing you can be doing and we would advise any employer to seek out legal advice to ensure the requirements have been interpreted correctly.”
Thrings’ Employment lawyers are experienced in dealing with business matters that affect the workforce and has acted for both employers and employees from start-ups and SMEs all the way to multinational corporations across a wide range of employment matters. To find out how they can help strengthen your polices, and solve your disputes, please get in contact.
