Employment Rights Act 2025: Trade union related measures commencing on 18 February

Overview

As the Government announced last year, the first wave in the implementation of the Employment Rights Act 2025 will focus on trade unions and industrial action.

Some of these measures didn't require a commencement order, since they're listed in section 159 of the Act as coming into force two months after Royal Assent, which was given on 18 December 2025. The others needed a commencement order to bring them into effect, which was passed on 5 January 2026.

All the measures described below will take effect on 18 February 2026, subject to transitional provisions.

Balloting and industrial action

Balloting

• The industrial action support threshold for important public services will be abolished. However, the 50% turnout requirement will remain for now.
• The information that must be included in ballot papers and industrial action notices will be simplified.
• The notice unions have to give employers of planned industrial action will be reduced from 14 to 10 days.
• The validity of an industrial action ballot will be extended to 12 months.
• The current restrictions on the introduction of electronic voting in industrial action ballots will be removed.

Blacklisting

• Additional powers will be taken to prohibit the blacklisting of workers taking part in union activities, including industrial action.

Picketing

• The additional requirements about union supervision of picketing workers introduced by the Trade Union Act 2016 will be repealed.

Detriment for taking part in industrial action

• Employees will be protected against being dismissed for taking part in industrial action, regardless of how long the industrial action lasts.
• Workers will also be protected against other detriments “of a prescribed description” for taking part in industrial action. These detriments will be defined in a statutory instrument, which has not been published at the time of writing. 

Union administration

• A political resolution (ie a ballot authorising contributions to a political fund) will no longer automatically expire after 10 years and it will be possible to collect contributions on an “opt out” rather than “opt in” basis.
• Unions will no longer have to contribute to the cost of operating check off arrangements, and it will no longer be necessary to give workers the option of paying their union subscriptions in another way.
• The publication requirements and reserve powers in relation to facility time in the public sector will be repealed.
• Details of political expenditure or industrial action will no longer have to be included in the union’s annual return.
• Various changes will be made to the powers of the Certification Officer and appeals against his rulings to the Employment Appeal Tribunal will be restricted to questions of law.

Transitional provisions

Many of these measures are subject to transitional provisions, which are set out in the Act’s first commencement order.

Most of the new measures in relation to balloting and industrial action won’t apply where the ballot opened prior to 18 February 2026.