Employment Rights Act 2025: industrial action guide for employers

The Employment Rights Act 2025 (ERA 2025) introduces the most significant reforms to trade union and industrial action law in more than a decade.

While some employers already navigate unionised environments, many others, who may never previously have had contact with unions, could now be affected.

The Labour Government’s aim is clear: strengthen unions’ organisational capability, simplify the process for taking industrial action and enhance worker protections.

Some reforms took effect in December 2025, but the most consequential measures began on 18 February 2026, with additional changes expected in April and October 2026.

Employment Rights Act – what has already changed?

Industrial action is easier and faster to organise.

Unions no longer face the same level of administrative complexity when planning action.

• Notice of industrial action reduced from 14 days to 10 days.

Employers now have less time to prepare for disruption, reorganise staffing, plan for temporary cover or reassess safety‑critical functions. Internal contingency plans need to work to shorter timelines.

• Ballot mandates extended from 6 months to 12 months.

A successful ballot now gives unions a year-long window to take action whenever strategically advantageous. This allows for more flexible escalation and sustained pressure during protracted disputes.

• Ballot papers and notices require less detail.

Unions no longer need to set out the detailed nature of the dispute, the exact types of action, or granular worker categories. This gives employers less visibility over which parts of their operations may be affected and reduces the risk of ballots becoming void due to

Stronger protection for employees taking part

Employees who take part in lawful industrial action starting on or after 18 February 2026 are now protected from dismissal for the entire duration of the action. Previously, dismissal protection was limited to the first 12 weeks.

This significantly raises the legal risks for employers considering disciplinary action related to strikes.

This enhanced protection applies only to employees. Workers (distinct in law) remain protected from detriment short of dismissal for union activities, but do not benefit from equivalent dismissal protection for participating in industrial action.

Removal of minimum service level rules

Legislation enabling minimum service levels in certain public-facing sectors was repealed in December 2025. Employers can no longer rely on statutory guarantees to maintain baseline staffing during strikes.

Ballot thresholds weakened

The additional 40% support requirement for “important public services” (i.e., at least 40% of all eligible members had to vote yes, on top of a majority and 50% turnout) has been removed for ballots opening on or after 18 February 2026.

The 50% turnout requirement for all industrial action ballots remains in place for now but is expected to be repealed in August 2026, likely coinciding with the introduction of electronic balloting.

Will Employment Rights Act changes affect all sectors?

Yes. Although some reforms were primarily aimed at public services, the central changes, simpler ballots, longer mandates, reduced notice periods and stronger dismissal protections, apply to every sector.

Even organisations with no history of union involvement may now face union recognition efforts, collective disputes or industrial action.

New duty to inform workers of their right to join a union

The ERA 2025 introduces a forthcoming duty for employers to issue workers with a written notice explaining their right to join a trade union. This will likely apply to both at the start of employment and at specified intervals.

The detailed wording and delivery method are still under consultation, but implementation is planned for October 2026. Employers should expect to update onboarding processes, induction materials and employee handbooks.

What should employers do?

The ERA 2025 represents a major cultural shift, but employers need not overreact. It is likely that the full cultural impact will emerge gradually, as workplaces and unions adjust to the new framework, meaning the practical effects may build over time rather than being felt immediately.

In any event, many of the steps that support industrial action readiness also promote stronger workforce engagement, clearer communication and better operational resilience overall.

Strengthen internal readiness

Ensure your organisation can respond effectively within the new 10‑day notice period by developing streamlined processes for:

• Rapid operational and resource planning
• Identifying critical business functions
• Communicating with staff, clients and customers
• Assessing health, safety and regulatory risks

These steps support continuity in the face of any disruption—not just industrial action.

Train managers on the new legal framework

Managers and HR leads should understand:

• What valid ballot notices look like
• The extended legal protections around industrial action
• How to engage early, constructively and lawfully with emerging disputes

This reduces legal risk and builds confidence in decision-making.

Review recognition and employee engagement structures

With union organisation becoming easier, ensure your internal mechanisms are robust. Consider:

• Strengthening employee communication channels
• Investing in listening groups, forums and informal resolution routes
• Reviewing grievance processes to ensure they are trusted and effective

Good engagement reduces the risk of disputes escalating externally.

Update onboarding materials

Prepare to update onboarding, contracts, handbooks and induction workflows to accommodate the forthcoming duty to inform workers of their union rights, including any requirement for periodic re‑issuing of statements.

How can Morr & Co help?

If you have any questions or would like any further information on the contents of this article or assistance in reviewing your existing policies and procedures, please do not hesitate to contact our Employment team on 0333 038 9100 or email employmentEmail@morrlaw.com and a member of our expert team will get back to you.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.