Trade union reforms: key points for employers

A new set of changes to trade union law has taken effect during February as part of the first stage of reforms under the Employment Rights Act 2025. The reforms roll back much of the framework introduced in 2016, making it easier for trade unions to organise lawful industrial action.

What has changed?

Several procedural requirements have been eased:

Shorter strike notice: The minimum notice period for industrial action has been reduced from 14 days to 10.
Ballot thresholds lowered: The previous requirement for at least 40 per cent support in certain public services has been removed. This affects sectors such as fire and rescue, healthcare, education, transport, border control and nuclear decommissioning.
Simplified notices: Unions are now required to provide less detailed information when issuing industrial action notices.
Longer ballot mandate: A successful strike ballot will remain valid for 12 months, instead of six.

The government has said these measures are intended to remove what it considers unnecessary administrative burdens on union activity.

In addition, employees who take part in lawful industrial action will no longer lose automatic protection from unfair dismissal after 12 weeks. Protection will apply for the full duration of the strike.

Further changes expected later in 2026 are likely to introduce additional protections for workers, including broader safeguards against detrimental treatment related to union activity. There are also proposals to make it unlawful for employers to deduct pay in response to strike action.

These reforms shift the balance of power in workplace relations. With fewer procedural hurdles, industrial action may become easier to initiate and more difficult for organisations to anticipate. As a result, employers are being encouraged to:

Review industrial relations strategies and dispute resolution processes to ensure they remain effective.
Assess their existing relationships with recognised unions and workforce representatives, strengthening communication channels where necessary.
Update contingency planning so business continuity measures can be implemented quickly if industrial action is called.
Train managers in employee relations, negotiation and conflict resolution skills.
Exercise caution in decision-making, ensuring actions cannot be interpreted as deterring or penalising participation in lawful union activity.

For guidance on this or any employee-relations issue contact 121 HR Solutions at enquiries@121hrsolutions.co.uk.

Trade union reforms: key points for employers

121 HR Solutions Ltd