In this update, we outline the key reforms and set out the steps employers should take to prepare.
New age of industrial action
The Strikes (Minimum Service Levels) Act 2023 was repealed in December 2025 when the Act received Royal Assent. From February 2026, the legal framework governing industrial action has been significantly liberalised, making it easier for trade unions to take lawful action. Key changes include the removal of the 40% support threshold in important public services, simplified ballot and notice requirements with less information required on ballot papers, a reduction in the notice period for industrial action from 14 to ten days, and an extension of the ballot mandate period from six to 12 months. These reforms are reinforced by reduced regulatory requirements for picketing, the repeal of most of the Trade Union Act 2016 and strengthened protection against dismissal for employees taking part in industrial action, and from October 2026, statutory protection for workers against detriment for participating in industrial action, collectively lowering procedural and legal barriers to action. Further, electronic and workplace balloting for statutory trade union ballots is expected in August 2026 making it easier for unions to meet turnout and support thresholds and to organise industrial action.
Action
- Review and update strategic industrial action plans, including relevant policies and procedures.
- Train HR teams and line managers on the new legislation and the appropriate response to industrial action.
- Focus on employee relations and engagement.
- Consider contingency planning in the event of industrial action, including critical roles and minimum staffing requirements.
- Stress test continuity arrangements.
- Clarify decision making and escalation structure in the event of industrial action.
- Audit communications protocols.
Simplified trade union recognition
From April 2026, the Act will significantly simplify the statutory trade union recognition process. The requirement for a union to demonstrate at the outset that there is likely to be majority support for recognition will be removed, as will the 40% turnout threshold for recognition ballots. In addition, the existing requirement for a union to show at least 10% membership of the proposed bargaining unit when applying to the CAC will be replaced with a lower threshold of between 2% and 10%, to be determined. Also from April 2026, employers will be subject to new information sharing obligations, requiring them, within five working days of being notified that a recognition application has been received, to provide specified information about workers in the proposed bargaining unit. The Act will also introduce a structured timetable for the employer and union to agree the terms on which the union may access those workers, with CAC assistance where agreement cannot be reached. These reforms will be reinforced from October 2026, when the prohibition on unfair practices will be extended to apply throughout the entire recognition process, beginning from the point at which the CAC accepts the union’s application for statutory recognition. At a later stage, electronic and workplace balloting for both recognition and derecognition will be introduced, with implementation expected at some point during 2027.
Action:
- Prepare for recognition applications, including recognition response. Consider which areas are more likely to receive a request, update risk registers accordingly.
- Foster a positive workplace culture, with strong employee engagement and clear communication channels.
- Map out possible bargaining unit structures.
- Ensure data protection policies are robust and fit for purpose.
Right of access to the workplace
In October 2026 the Act will introduce a new framework through which trade unions can negotiate with an employer physical and/or virtual access to workplaces for various purposes (but specifically not to organise industrial action). Where negotiations are unsuccessful the Central Arbitration Committee can impose access terms.
The introduction of a statutory right of access will require employers to manage more frequent and formal engagement with trade unions, potentially involving competing unions seeking access to the same workforce, particularly in large or fragmented organisations. While union capacity and resources will in practice limit how intensively access rights are exercised, employers should expect more structured and earlier contact with workers, including during periods of organising rather than only at recognition stage.
Action:
In order to prepare for trade union access requests, employers should:
- Audit current trade union arrangements and activity. Identify which unions if any are already active, recognised or likely to seek access.
- Train HR and line managers on what access may involve and how to respond constructively.
- Ensure there is clarity as to who will deal with access requests and appropriate systems are put in place to respond lawfully and to avoid escalation.
- Focus on employee engagement. A well‑engaged workforce is more likely to navigate any union activity constructively and with minimal disruption.
A statement of trade union rights
In October 2026 the Act will introduce a new legal duty for employers to give workers a written statement advising them that they have the right to join a trade union. The statement should be given at the same time as providing the worker with a section one statement or another prescribed time to be set out in secondary legislation.
Action:
- Update onboarding documentation to ensure a statement of trade union rights will be included at the same time as the statement of employment particulars.
- Consider how existing workers will be explicitly informed.
- Employers should consider who is responsible for issuing, updating and evidencing compliance with the new duty.
- Ensure HR and line managers are appropriately trained.
Enhanced trade union protections
From October 2026, the Act strengthens trade union rights by requiring employers to provide trade union officials and learning representatives with such accommodation and facilities as are reasonable in all the circumstances, and by introducing a new statutory right for trade union equality representatives to take paid time off and access reasonable facilities to perform their role. These enhanced protections will be further reinforced in 2027, when secondary legislation will significantly expand the prohibition on trade union blacklisting to capture a much wider range of practices, including the use of lists that were not originally compiled for a discriminatory purpose but are later used as such, lists created or supplied by third parties beyond employers and employment agencies, and lists generated using predictive technologies, including artificial intelligence.
Action:
- Review facilities and time-off arrangements.
- Provide HR and line manager training.
- Consider blacklisting risk in current policies, procedures and third party arrangements.
Consultations: Opportunity to influence change
Consultations launched:
- Trade union rights of access - Make Work Pay: trade union right of access - GOV.UK– consultation closed on 18 December 2025.
- Right to join a trade union - Make Work Pay: duty to inform workers of right to join a union - GOV.UK – consultation closed on 18 December 2025.
- Electronic and workplace balloting - Make Work Pay: draft code of practice on electronic and workplace balloting for statutory union ballots - GOV.UK – consultation closed on 28 January 2026.
- Recognition code of practice and e-balloting unfair practices - Make Work Pay: recognition code of practice and e-balloting unfair practices - GOV.UK – consultation closes on 1 April 2026.
- Detriment for taking industrial action - Make Work Pay: protection from detriments for taking industrial action - GOV.UK- consultation closes on 23 April 2026.
Further consultation expected on:
- Trade union measures – including blacklisting.
Comment
Overall, the reforms introduced by the Act represent a significant shift in the industrial relations landscape, strengthening the position of trade unions. This makes early preparation essential. Employers should focus on strengthening workforce engagement, building constructive relationships with recognised and non‑recognised unions where appropriate, and ensuring internal processes stand up to scrutiny. In practice, unions are likely to prioritise larger employers with complex workforces and established structures, making it all the more important for organisations to have their policies, practices and data in good order. By addressing potential issues proactively and maintaining open, lawful dialogue, employers can reduce areas of vulnerability and place themselves in a stronger position as the new framework takes effect.
