The UK’s Employment Rights Act 2025 (ERA 2025) is a major update to UK employment law, receiving Royal Assent in December 2025 and phasing in changes through 2026-2027, building on the foundational Employment Rights Act 1996. Amongst other changes, the ERA 2025 repeals the Strikes Act 2023 (Minimum Service Levels) and most provisions of the Trade Union Act 2016. Most of those provisions will come into force on 18 February, with further changes following later in 2026. It reduces the notice period for industrial action to 10 days, extends ballot mandate expiration date to 12 months and simplifies the information required for industrial action notices.
The Legislation will enable trade unions to negotiate workplace access, with the Central Arbitration Committee empowered to impose access where certain conditions are met. With a new framework, the ERA 2025 aims to simplify the trade union recognition process and introduce new rights and protections for trade union representatives. Members will also be under a duty to inform workers of their right to join a trade union. The ERA 2025 strengthens protections against detriment and unfair dismissal for participating in industrial action.
The Act modernises trade union legislation, giving trade unions greater freedom to organise, represent and negotiate on behalf of their workers, by:
- Repealing the Strikes (Minimum Service Levels) Act 2023 (18 February 2026)
- Repealing the great majority of the Trade Union Act 2016 (18 February 2026)
- Increasing the ballot mandate expiration date to 12 months and decreasing the notice period for industrial action to 10 days (18 February 2026)
- Introducing a framework for trade unions to negotiate access to workplaces with employers, with the ability for the CAC to impose access where certain conditions are met. (October 2026)
- Simplifying the trade union recognition process, including providing better access arrangements for unions and dealing more effectively with unfair practices. (April 2026)
- Introducing new rights and protections for trade union representatives (October 2026)
- Broadening the scope of blacklisting protections, which may be made in regulations (October 2026)
- Simplifying the information required for industrial action notices (18 February 2026)
- Providing protection from detriment and unfair dismissal on the grounds of industrial action (October 2026)
- Collective redundancy protective award—doubling the maximum period of the protective award (April 2026)
The repeal of the majority of the Trade Union Act 2016 ballot will bring significant changes:
- Removing ballot thresholds, requiring only a simple majority of those who vote to be in favour of action to win the ballot process.
- Extending the duration of a successful ballot mandate from 6 months to 12 months
- Reducing notice to employers for industrial action from 14 to 10 days.
- There is no longer an option for unions and employers to agree to extend the ballot mandate beyond 12 months, and there must be a re-ballot.
Members should ensure these changes are incorporated in their policies where and when required.