Major Changes to UK Trade Union Law Taking Effect on 18 February 2026

By Gary Smith

Partner

The UK’s trade union and industrial relations landscape is about to undergo one of the most significant shifts in over a decade as a result of the Employment Rights Act 2025.

From 18 February 2026, further reforms come into effect, reshaping how trade unions organise, how industrial action is triggered, and how employers manage disputes.

These reforms unwind many of the constraints introduced since 2016 and strengthen protections for workers, whilst also making it easier for unions to mobilise industrial action. Below is a clear and practical overview of the updates every employer, HR team, and union representative needs to know about what has been implemented already and what is to come into force over the coming weeks.

1. Repeal of Minimum Service Level Requirements

From 18 December 2025 , the statutory minimum service level regime, introduced under the Strikes (Minimum Service Levels) Act 2023, were abolished. Employers in sectors such as transport, health and public services can no longer rely on guaranteed minimum staffing during lawful strike action.

This change dramatically increases the potential impact of strikes—full service withdrawal is now possible where it was previously restricted.

2. Reduced Procedural Barriers to Industrial Action

The reforms significantly streamline the legal process for unions preparing industrial action:

Shorter notice periods

  • The statutory notice period for industrial action reduces from 14 days to 10 days.

Extended ballot mandate

  • A successful strike ballot will now remain valid for 12 months, an increase from 6 months, giving unions longer to call action without re-balloting.

Simplified ballot and action notices

  • Unions are required to provide less detailed information in industrial action notices and voting papers.

3. Removal of Various Union Restrictions

The new legislative framework further reduces regulatory burdens on unions, including:

  • No requirement for picket supervisors, removing the duty to appoint an identifiable supervisor at picket lines.
  • Removal of the requirement for unions to reimburse public sector employers for check‑off administration.

These changes collectively ease union operations and lower administrative obstacles.

4. Strengthened Protection for Workers Taking Industrial Action

One of the most transformative reforms is the enhanced legal protection for employees who participate in industrial action.

  • Workers will be protected from unfair dismissal for the entire duration of protected industrial action, removing the previous 12‑week limit.

This shift significantly alters the balance of power in industrial disputes. Employers will no longer be able to rely on the expiration of the 12‑week protection period to force resolution.

5. Additional Changes Rolling Out Later in 2026

While 18 February marks the most important shift, several further reforms follow shortly afterwards:

  • 6 April 2026:
    • Changes to collective redundancy awards (maximum protective award increased from 13 to 26 weeks).
    • Easier union recognition processes.
  • 7 April 2026:
    • Establishment of the Fair Work Agency.
  • August & October 2026:
    • Introduction of electronic balloting, expanded workplace access rights for unions, and duties to inform workers about union membership rights.

What Employers Should Do Now

With these sweeping reforms imminent, employers should:

  • Review internal industrial action and employee relations policies.
  • Prepare for shorter notice periods and potentially more frequent or prolonged industrial action.
  • Train managers on the new dismissal protection rules.
  • Update contingency plans for essential services previously protected by minimum service levels.

Employers in unionised or union‑active environments should consider refreshing employee communications strategies and strengthening dispute‑resolution processes.

Conclusion

The changes effective from 18 February 2026 represent the most significant recalibration of UK trade union law in a generation. The shift towards a more permissive environment for unions, combined with stronger worker protections and fewer procedural barriers, means all organisations must reassess how they prepare for and respond to industrial action.