UK Employment Rights Act 2025

Provision taking effect 18 February 2026

Impact and transitional arrangements

40% support threshold in industrial action ballots in certain important public services abolished.

Change applies to ballots opening on or after 18 February 2026.

‘Opening’ = the first day when a voting paper is sent to any person entitled to vote in the ballot.

Repeal of the 2016 picketing supervision provisions.

Removal of the requirement to appoint a picketing supervisor (and related requirements) - applies to picketing taking place on or after 18 February 2026.

E.g., Workers are picketing each day from 17 February 2026 to 19 February 2026. A picketing supervisor is required on 17 February 2026, but will no longer be required on 18 and 19 February 2026.

Reducing the information a union must include on the ballot notice sent to an employer. 

The ballot notice will no longer need to contain: the number of employees in each category being balloted and at each workplace concerned, or an explanation as to how the figures were calculated. Under the new rules the ballot notice must contain only: a list of the categories of employees being balloted; a list of the workplaces in which the employees work; and the total number of employees concerned.

NB the ballot notice must still be received by the employer no later than 7 days before opening of the ballot.

The change is effective on 18 February 2026 and will apply to ballot notices received by the employer on or after this date. No transitional arrangements but examples provided in the guidance:

• Ballot opens 20 February 2026 - union must provide the notice no later than 13 February 2026. Old requirements apply
• Ballot opens 2 March 2026 – union could choose to give notice on e.g, 23 February under the new rules or e.g., 17 February under the old rules
• Ballot opens 25 February 2026 – union can give notice on 18 February 2026 under the new rules (or could choose to give notice earlier - old rules will apply)

Reducing the amount of information that unions must include on an industrial action ballot voting paper.

Requirements reduced to asking which type of industrial action the members want to take part in (strike action or action short of a strike). No longer a requirement to set out a summary of the dispute, the periods within which the industrial action is expected to take place or the type of action short of strike to be taken (if relevant).

Information requirements are reduced for ballots opening on or after 18 February 2026. However, the new reduced information requirements will not apply in relation to voting papers where a sample ballot paper was provided to the employer prior to 18 February 2026. 

E.g., Ballot opens 20 February 2026. Sample voting paper would need to have been provided by 17 February 2026. Therefore, the old law applies to the information required for the ballot paper, so that the sample voting paper sent the employer and the actual voting paper contain the same information.

Reducing the advance notice of industrial action from 14 to 10 days and reducing the information a union must include in the notice.

Unions no longer required to disclose the number of employees in each category that are expected to take part in the action. 

The changes are effective on 18 February 2026 and will apply to industrial action notices received by the employer on or after this date.

So, if the industrial action notice is received on or before 17 February 2026, the old rules will apply (even though the action takes place after 18 February 2026). 

Extending the mandate period for industrial action ballots from six months to 12 months.

12-month mandate will only apply to ballots opened on or after 18 February 2026. Six-month mandates obtained under ballots opened before 18 February 2026 will not be automatically extended to 12 months – a union would need to re-ballot to secure a 12-month mandate.

Strengthened protection for employees against being dismissed for taking protected industrial action – such dismissals will be automatically unfair regardless of the period between the employee taking part and the dismissal.

Enhanced protection will only apply to industrial action commenced by the employee on or after 18 February 2026. Where the employee’s participation begins before that date, employees will be protected from automatic unfair dismissal for the 12-week protected period under the old law.