Changes Affecting Trade Unions
Trade Union law changes from 18th February 2026 (ERA 2025): Quick Guide
Several trade union-related measures in Part 4 of the Employment Rights Act 2025 (ERA 2025) take effect on 18th February 2026. They cover industrial action ballots, picketing, political funds and the Certification Officer.
One change has already happened: when the Act received Royal Assent on 18th December 2025, the rules on minimum service levels during strikes were removed immediately and the Strikes (Minimum Service Levels) Act 2023 was repealed.
Key changes from 18 February 2026
Protection against dismissal
Dismissal for taking part in protected industrial action becomes automatically unfair, removing the current 12-week limit and extending protection across the whole period of action.
A wider protection against detriment linked to deterring/penalising protected industrial action is in the Act, but is expected to be consulted on and not come into force until October 2026.
Transitional point: the enhanced dismissal protection applies only to industrial action started by the employee on or after 18 February 2026.
Industrial action ballots and notice
Notice of industrial action reduces from 14 days to 10 days.
Ballot mandates increase from 6 months to 12 months after a successful ballot.
Notices and ballot papers are simplified (categories of employees, workplaces, and total numbers).
The 40% support threshold in certain important public services is removed for ballots opening on or after 18 February 2026.
Unions must still provide a sample voting paper by the third day before the ballot opens.
Picketing
The requirement for unions to appoint a picketing supervisor is removed.
Political funds
New members are automatically opted in to contributing to a union’s political fund (if it has one), unless they opt out.
Existing members who are opted out remain opted out under transitional arrangements.
The requirement for 10-year ballots on maintaining a political fund is removed.
Certification Officer
Annual return requirements are reduced (including removal of industrial action ballot data and additional political fund expenditure details for reporting periods ending on or after 18 February 2026).
Some investigatory/enforcement powers are removed, with transitional protection for matters already opened in writing before 18 February 2026.
Public sector: facility time and check-off
Facility time publication requirements are removed (with transitional requirements for periods ending before 18 February 2026).
The restriction on check-off (deducting union subscriptions from wages) is removed, subject to conditions.
What this means for SMEs and line managers
Shorter notice periods can reduce the time you have to plan, and the changes to dismissal protection increase the importance of consistent, well-documented decision-making.
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