What is changing?
The Strikes (Minimum Service Levels) Act 2023 was repealed when the Employment Rights Bill received Royal Assent. This removed minimum service level requirements during strike action.
The other changes are vast and include:
- Provisions to simplify balloting and notice information requirements (also introducing e-balloting)
- Improve access to reasonable facility time for TU reps
- Changes to the rules on blacklisting
- Extending the rights not to be subjected to detrimental treatment due to industrial action
There will be a framework under which trade unions and employees can negotiate workplace access arrangements, but if an agreement is not reached, the Central Arbitration Committee will be able to enforce.
When is this changing?
The government will consult on the package of trade union measures in autumn 2025. These measures are then expected take effect in October 2026.
The first FPA is expected to be in place in April 2028.
How can I prepare?
- Review Recognition and Bargaining Procedures
- Audit current union recognition agreements and prepare for increased recognition requests.
- Training
- Ensure that HR teams understand the new thresholds and legal obligations.
- Train managers so they understand the parameters of lawful engagement with unions and striking staff.
- Strengthen Consultation and Communication
- Build proactive relationships with recognised unions to avoid disputes.
- Use joint working groups or forums to address workplace co Update Industrial Action Protocols.
- Develop clear internal procedures for responding to strike ballots and action.
- Engage Legal and HR teams
- Stay informed on developments relating to the ERA