ERA Checklist: Industrial relations

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The Strikes (Minimum Service Levels) Act 2023 was repealed when the Employment Rights Bill received Royal Assent.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?

Already taken place:

• 18 December 2025 - The Repeal of the Strikes (Minimum Service Levels) Act 2023
• 18 February 2026 - Repealing most of the Trade Union Act 2016 (some provisions will be repealed via commencement order at a later date), Removing the 10-year ballot requirement for trade union political funds, Simplifying industrial action notices and industrial action ballot notices, and Protection against dismissal for taking industrial action
• 6 April 2026 - Simplifying trade union recognition process.

Expected to take place:

• August 2026 - Electronic and workplace balloting for statutory trade union ballots
• October 2026 - New rights and protections for trade union representatives, Duty to inform workers of their right to join a trade, and Strengthening of trade unions' rights of access to workplaces, Strengthening trade unions’ right of access, Unfair practices in the trade union recognition process, and extending protections against detriments for taking industrial action
• 2027 - Extending blacklisting protections, Industrial relations framework, and Electronic and workplace balloting for recognition and derecognition ballots

How can I prepare?

1. Review Recognition and Bargaining Procedures
   • Audit current union recognition agreements and prepare for increased recognition requests.
2. 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.
3. 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.
4. Engage Legal and HR teams
   • Stay informed on developments relating to the ERA

 

Return to the Employment Rights Act Hub here.