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Government revised codes and guidance on the law on trade unions coming into force on 18 February 2026

Employment Law Review 15 January 2026

 

The Government has published draft codes of practice on industrial action ballots and picketing in advance of changes to trade union legislation under the Employment Rights Act 2025.  

 

In addition,  regulations and guidance setting out transitional arrangements on how the law will apply to the following trade union related measures when it comes into force on 18 February 2026 have also been published: 

  •          Industrial action ballots: support thresholds (section 69, ERA 2025).
  •          Industrial action ballots: information to be included on voting paper (section 71, ERA 2025).
  •          Industrial action ballots: period after which ballot ceases to be effective (section 72, ERA 2025).
  •          Industrial action: notice period and notice to employer (section 74, ERA 2025).
  •          Protection against dismissal for taking industrial action (section 77, ERA 2025).
  •          Deduction of trade union subscriptions from wages (check-off) in public sector (section 63, ERA            2025).
  •          Facility time: publication requirements and reserve powers (section 66, ERA 2025).