Employment Rights Act 2025: do the next raft of changes strike the right balance?

The Employment Rights Act 2025, which received Royal Assent in December of last year, is set to be the biggest overhaul of employment law that we have seen in decades.

With the vast number of changes ahead, the employment law landscape can appear rather daunting right now. The various reforms are set to be introduced in phases over the next two years; however, the first package of provisions are set to land this week on 18 February 2026.

To help you prepare, we’ve set out below the main changes coming into effect on this date and consider their implications for employers.

Industrial Action Dismissals ‘Automatically Unfair’

A key change to be aware of coming into effect this week is the increase in protection for employees engaging in industrial action. Section 77 of the new Act removes the protected period (the first 12 weeks of industrial action) for automatic protection for employees from unfair dismissal for participating in lawful industrial action. This means that this protection applies irrespective of the length of the industrial action. Any dismissals connected to the industrial action are deemed ‘automatically unfair’.

This change significantly increases risk for employers dealing with lengthy strikes. Employers should be alert to the fact that any dismissals around the same time as industrial action could give rise to claims.

This increased protection will only apply to individuals who engage in industrial action that begins on or after 18 February 2026. It’s also worth noting that full protection against detriment for taking industrial action is set to come into force in October 2026.

Reduction in Industrial Action Notice Period

One of the most immediately impactful changes for many employers is the reduction in the minimum notice period requiring to be given to employers by trade unions before industrial action begins.

Under the current regime, trade unions are required to provide at least 14 days’ notice of planned action. From 18 February, this will reduce to 10 days.

This shorter timeframe will mean that employers will have less time to implement contingency plans or engage in last-minute negotiations to avert industrial action and will place greater emphasis on operational resilience.

Reduction to ‘Simple Majority’ Vote

18 February will also see a major shift in the thresholds for industrial action to be given the go-ahead.

Currently, in order for industrial action to be approved, trade unions must have a turnout threshold of 50%, i.e. 50% of those entitled to vote on the matter must do so. Thereafter, a simple majority of those voting must be obtained.

The Employment Rights Act 2025 abolishes the turnout threshold and instead there will only be a requirement for a ‘simple majority’ vote in favour of the proposed action. This change will lower the legal hurdle for trade unions seeking to organise strikes and, for employers, this is likely to mean an increase in the prevalence of industrial action.

Increase in Industrial Action Mandates

At present, industrial action mandates are valid for a period of 6 months following the initial vote. In the event that agreement is reached between the trade union and the employer, this can be extended up to 9 months.

From 18 February, mandates will remain valid for 12 months post-initial vote and will not require employer consent for this extra time.

As a result, employers are likely to face longer periods of uncertainty, with the possibility of industrial action being called up to a year after the initial vote.

Simplification of Industrial Action and Ballot Notices

In addition to reducing the notice period for industrial action, 18 February will also see a reduction in the level of detail required to be provided by unions when issuing notice of ballots and industrial action.

Where previously unions were required to provide very specific details on the number of employees involved and their roles and workplace, under the Act, they will now only be required to provide general information about the categories of employees affected.

This simplification of notices is likely to cause greater disruption for employers as they seek to prepare for and respond to upcoming actions.

Key Practical Considerations

These key changes to trade union law are designed to make it easier for trade unions to maintain industrial pressure and will significantly impact how employers manage disputes in a unionised workforce environment. These changes shift the balance of power toward unions by reducing the need for repeat ballots and extending the period of uncertainty for businesses and overall simplifying the process required before industrial action is taken.

With the first round of changes now upon us, employers should take proactive steps to assess how the reforms are going to affect their workforce and industrial relations strategy. Our employment law team is available to support organisations in reviewing policies and advise on risk management under the new dismissal protections.

This update provides general information only and does not constitute legal or professional advice. If you or your organisation would like tailored guidance on preparing for these changes, please contact our Employment Law team to discuss how we can help you navigate this new legal landscape with confidence. Contact us on 0141 673 8973.

Annabel Scott, Solicitor: asc@bto.co.uk /0141 225 5279