The changes, which took effect on 18 February 2026, form part of the Government’s wider Plan to Make Work Pay and are intended to make trade union activity and industrial action less complicated.
For employers, these reforms reduce some of the procedural safeguards that previously applied and increase the legal protections available to workers who take part in industrial action. Understanding what has changed – and what is still to come – is essential.
What has changed from 18 February 2026?
The Act repeals large parts of the Trade Union Act 2016 and amends existing industrial action rules. Key changes now in force include:
- Shorter notice of industrial action
Trade unions are now required to give employers 10 days’ notice of planned industrial action, rather than 14 days. - Longer validity of industrial action mandates
A successful industrial action ballot is now valid for 12 months, doubling the previous six-month limit. - Simplified ballot and notice requirements
The level of detail unions must provide in ballot papers and notices has been reduced, lowering the risk of technical challenges by employers. - Greater protection for employees taking industrial action
Employees are now protected from dismissal for the entire duration of lawful industrial action, removing the previous 12-week cap. - Relaxation of picketing rules
Requirements around the appointment of picket supervisors have been removed, making picketing easier to organise.
Taken together, these changes make industrial action more straightforward to call and sustain.
What this means for employers
Trade unions will find it easier to initiate industrial action and so it is more important than ever that employers engage in early contingency planning. Extending the protection against unfair dismissal available to employees taking lawful industrial action also reduces the options available to employers engaged in long-running industrial disputes.
Union access and information duties: what’s coming next
Some of the most talked-about reforms – including duties on employers to actively inform workers about their right to join a trade union and expanded rights for unions to access workplaces – are not yet in force. Significantly, notification of trade union membership rights will apply to all employers and not only those who recognise trade unions. The rights granted to trade unions to seek access to workplaces will also apply to all employers, subject to a possible small business exemption for employers with under 21 workers.
Government guidance states that these measures are expected to be introduced through secondary legislation in October 2026, following consultation on the detail of what these rights are to involve. Employers are not currently required to raise the profile of trade unions or facilitate regular on-site or digital access to workers by trade unions, but that is going to change with these obligations now on the horizon.
Preparing for a changing industrial relations landscape
The February 2026 reforms are only the first phase of a wider programme of change. Employers should use this period to:
- Review contingency planning, in particular how they would respond to industrial action
- Ensure HR teams and managers understand the enhanced protections for workers
- Keep a close watch on further developments, particularly around notification of trade union membership rights and trade union workplace access.
Early preparation will be key, particularly for businesses that are unfamiliar with operating in a more union-active environment.
How TWM can help
TWM’s Employment Law team advises and supports employers with preparing for, and responding to, all aspects of the changing employment law environment. This extends beyond the industrial relations issues featured in this article and covers the many other fundamental changes to employment law being implemented by the Employment Rights Act 2025.
We help businesses understand their legal obligations, assess risk and develop practical strategies that support compliance while protecting commercial and operational priorities. If you would like advice on how these reforms affect your organisation, our Employment Law team would be pleased to help.
