Industrial Action
The Employment Rights Act 2025 introduces key changes to the law on Industrial Action. The key changes have all now taken effect are summarised below.
> Unions are no longer required to secure 40% support in favour of industrial action in ballots in key public services such as fire, health, education, transport, and border security.
> The information that unions are required to include in Notices of Ballot and Notices of Action have been simplified. In broad terms, Notices of Ballot are now required only to give lists of the categories of workers and workplaces to be balloted (not the numbers in each) and the total number of workers concerned in regard to non-check-off members. Notices of Action will be required to detail the number of members to be induced at each workplace but will not have to give the number of members in each category.
> Ballot Papers will no longer require a summary of the trade dispute, the dates of when it is envisaged the action will be called or the types of industrial action short of a strike that are being called.
> Ballots approving industrial action now have a 12-month mandate.
> Unions are now only required to give 10 days’ notice to employers of their intention to take industrial action (reduced from 14 days).
> Unions are no longer required to appoint a picket supervisor.
> Protections for those dismissed for taking part in strike action have been enhanced.
> Electronic balloting provisions have been introduced that cover industrial action ballots. The new rules permit industrial action ballots to be conducted by post, electronically or on a hybrid basis, whereby members receive a postal ballot containing a voting paper with options for a postal or electronic return. Unions can elect to use a combination of these methods. Ballots can also be conducted at workplaces for industrial action with the employer’s consent. Whilst the introduction of electronic voting represents a welcome modernisation of the legislative framework, the rules also impose substantial new duties on Unions. The Union convening the ballot will act as the “Responsible Person” in all ballots (including postal) that open from 25 August 2026. They are required to determine the voting method(s) for the ballot. In so doing, they must consider the factors and criteria set out at Schedule ZA1 of the 2026 Order, for example accessibility and security risks. These requirements are detailed and prescriptive.
It should be noted that the 50% turn-out requirement remains in place with no substantive update as to when it will be removed.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
Visit our main Employment Rights Act Hub for further information.