Protection from detriment for taking protected industrial action

From 30 October 2026, workers will be protected against any detriment short of dismissal imposed mainly to prevent, deter or penalise participation in protected industrial action. This implements the Supreme Court decision in Mercer and addresses what was existing legislative incompatibility with Article 11 ECHR.  

Proportionate deductions from pay for strike participation remain lawful and will not constitute a detriment for the purposes of this provision.

Employers bear the burden of proving their purpose. Claims require ACAS early conciliation and must normally be lodged within six months. Successful claims result in a declaration and may attract just and equitable compensation for attributable loss, subject to mitigation, contributory conduct and potential ACAS Code adjustments. Dismissal claims continue to be governed separately under different provisions of the Trade Union and Labour Relations (Consolidation) Act 1992.

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.Â