Trade union activity and industrial action in 2026: what HR needs to know

From 18 February 2026, important changes to the law affecting trade union activity and industrial action will take effect under the Employment Rights Act 2025. This article provides a high-level review of what is changing and includes suggestions on what HR teams should be doing to prepare for, respond to, and manage trade union activity and industrial action.

The February 2026 reforms sit mainly in Part 4 of the Employment Rights Act 2025. The Government has published detailed guidance, Trade union law: transition to Employment Rights Act 2025, aimed at employers, unions and workers, alongside two revised draft Codes of Practice, one on picketing, and one on industrial action ballots and notice to employers. The revised Codes will take effect from 18 February 2026.

Acas has also flagged these changes as a key area for employer preparation in 2026 and will update its practical guidance as the reforms take effect.

Key changes from 18 February 2026

1. Stronger protection for employees taking industrial action

Currently, employers are prohibited from dismissing employees taking part in lawful industrial action for the first 12 weeks of the action (the ‘protected period’). From 18 February 2026, the protected period will no longer apply, meaning that dismissal for taking part in protected industrial action will be automatically unfair regardless of how long the action lasts. This protection will also continue to apply after the industrial action ends, provided participation began on or after that date.

What HR should do:

· Assume that dismissals linked to industrial action are now high-risk at any stage.

· Focus on dispute resolution and negotiation rather than relying on time-limited legal protections.

2. Shorter notice of industrial action

Trade unions will only need to give employers a minimum of 10 days’ notice of industrial action, instead of 14 as presently applies. Transitional rules apply where notice was given before 18 February 2026 but going forward HR teams should plan to react within the shorter window.

What HR should do:

· Tighten internal escalation processes so decisions can be made quickly.

· Ensure contingency planning can be activated within a shorter timeframe.

· Train managers to spot early warning signs of industrial action.

3. Simpler industrial action ballots and notices

The Act reduces the amount of information trade unions must provide to employers about industrial action ballots. Ballot notices will contain less detail about employee numbers and categories, and ballot papers will be simpler. The new rules on balloting and notice are incorporated into the revised Code of Practice.

What HR should do:

· Expect fewer technical defects in ballots and avoid over-reliance on legal challenges based on process.

· Prioritise early engagement and communication once a ballot is announced.

4. Longer mandate for industrial action

Successful ballots will give unions a 12-month mandate to call industrial action, rather than the six-month period currently permitted. This applies to ballots opened on or after 18 February 2026. Existing mandates obtained prior to 18 February will not be automatically extended, but trade unions can re-ballot to secure the benefit of the longer mandate period.

What HR should do:

· Plan for the possibility of longer-running disputes following a single ballot.

· Build resilience into workforce planning and employee relations strategies.

· Avoid assuming that industrial action will “time out” quickly.

5. Removal of picketing supervision requirements

The statutory requirement for unions to appoint picketing supervisors will be removed. A revised Picketing Code of Practice reflects this change, although the basic rules on lawful and peaceful picketing remain in place.

What HR should do:

· Brief site managers on how to respond calmly and lawfully to picketing, avoiding confrontational approaches that could escalate tensions.

· Ensure security and reception staff understand the limits of lawful picketing.

6. Changes to political funds and public-sector check-off

The Act also updates existing rules on political fund contributions, with new union members automatically opted in unless they opt out. It repeals the current check-off arrangements in the public sector, meaning that unions will no longer be required to reimburse public sector employers for the cost of administering the check off process. Reporting and enforcement powers of the Certification Officer are significantly reduced.

What HR should do:

· Review payroll systems and data handling where union subscriptions are deducted.

· Ensure internal policies reflect the updated political fund rules.

Changes due later in 2026

Further trade union reforms are expected from April 2026, including:

• Simplification of trade union recognition procedures, whereby trade unions will only need to demonstrate a lower threshold (between 2% and 10%) membership of a proposed bargaining unit for an application for compulsory recognition to be accepted. In addition, the requirement for at least 40% of the bargaining unit to vote in favour of recognition will be abolished and replaced with the need for just a simple majority of those who actually vote.

• Introduction of electronic and workplace balloting, subject to separate regulations and a new Code of Practice, which is currently under consultation.

These changes are likely to make trade union recognition easier and quicker to achieve, particularly in previously non‑unionised workplaces.

The Birketts view

The 2026 trade union reforms under the Employment Rights Act 2025 mark a clear shift towards strengthening collective rights. For HR professionals, successfully navigating these changes will depend less on legal tactics and more on early engagement and careful planning.

Employers are likely to have shorter notice and longer exposure to disputes, and technical challenges to ballots made under the current rules are likely to significantly reduce in importance. An increased emphasis on strengthening employee relations, improving staff communications and robust training for line managers will be key to adapting to these changes.