The law has shifted: since late 2025–early 2026 Parliament has repealed large parts of the Trade Union Act and introduced the Employment Rights Act reforms that simplify ballot and picket rules, extend mandates and strengthen dismissal protection for strike participants, while separate April changes alter statutory sick pay and entitlement timing — all of which materially change the risks and costs for workers in the UK.
Plain statement of what changed
- Repeal and simplification of 2016 Trade Union Act provisions: The government removed many of the extra reporting and ballot constraints introduced in 2016, restoring simpler statutory requirements for unions and ballots. Key repeal and simplification measures took effect on 18 February 2026.
- Industrial‑action ballot and notice rules: Ballots remain required and must follow statutory form and notice rules, but the support thresholds for important public services (the 40% rule) were removed and the mandate period for action was extended to 12 months for ballots opened on/after 18 February 2026. Turnout and basic ballot transparency remain legally required.
- Picketing law and supervision: The statutory requirement to appoint a named picketing supervisor was removed; the updated Code of Practice on Picketing reflects these changes and was revised to align with the Employment Rights Act. The code still requires peaceful conduct and recommends stewarding and safety arrangements.
- Protection from dismissal for taking protected industrial action: From 18 February 2026 dismissal for participating in protected industrial action is treated more robustly; the previous short‑term limits on protection were removed so that dismissal related to protected action is more likely to be automatically unfair under the new framework.
- Certification Officer reporting and investigatory powers: The additional annual‑return reporting requirements about industrial action and some political‑expenditure reporting were repealed, narrowing the Certification Officer’s mandatory reporting fields and publicity powers.
- Statutory Sick Pay (SSP) and entitlement timing (April changes): From 6 April 2026 (part of the April package) SSP entitlement timing and the lower‑earnings threshold were reformed: SSP is payable from the first day of sickness once entitlement conditions are met, and statutory rates have been uprated in recent years (check GOV.UK for the current weekly rate).
Direct legal impacts on workers
- Greater legal cover for striking workers: Stronger dismissal protection reduces the legal risk of being sacked for taking protected action. This shifts the balance of power in disputes.
- Easier to sustain campaigns: 12‑month mandates mean unions can lawfully plan longer campaigns without immediate re‑balloting, increasing bargaining leverage.
- Lower formal barriers for public‑service ballots: Removing the 40% threshold makes lawful action more achievable where a majority of votes cast support action.
- Practical responsibilities remain: Removal of the picket supervisor box does not remove the need for organised stewarding, safety planning, or legal compliance on picket lines; unions must still follow the Code of Practice.
- Financial and health‑leave effects: SSP timing and eligibility reforms change cash flow for sick and striking workers; uprated weekly rates help some, but removal of waiting days and LEL changes alter who receives SSP and when. Workers on low pay remain vulnerable and will need strike‑fund and hardship planning.
By Pat Harrington
Sources: GOV.UK Plan to Make Work Pay timeline; Acas guidance on the Employment Rights Act 2025; GOV.UK guidance on ballots and picketing; Certification Officer materials; GOV.UK SSP pages.