Trade union requirements

From 18 February 2026, the majority of the Trade Union Act 2016 will be repealed.

This change simplifies requirements on trade unions, including in relation to procedures around industrial action.

Key changes:

• Unions will have a 10-day notice period to inform employers of their intention to take industrial action (reduced from 14 days).
• Ballots approving industrial action will have a 12-month mandate (increased from 6 months).
• Unions will no longer be required to reimburse employers for check-off administration in the public sector.
• Unions will not be required to appoint a picket supervisor to monitor picket lines.
• Employees will be protected from unfair dismissal for taking part in industrial action, whatever the length of the strike action (due to removal of the 12-week cap).
• Unions will be required to include less information than previously in industrial action notices and industrial action ballot notices.
• Public sector employers will no longer be required to publish facility time.

Transitional arrangements

• Guidance on transitional and saving arrangements set out, for example, how to deal with certain cases that began under the Trade Union Act 2016 legal framework but are still in progress when relevant provisions of the Employment Rights Act 2025 come into force on 18 February 2026. Trade union law: transition to Employment Rights Act 2025 - GOV.UKopens eur02.safelinks.protection.outlook.com in a new tab

How to prepare:

Before 18 February 2026:

• Review your internal policies and processes to ensure they are compatible with the new legislation.
• Read the updated Code of Practice on Industrial Action Ballots and Notice to Employers: Industrial action ballots and notice to employers: draft revised code of practice - GOV.UKopens eur02.safelinks.protection.outlook.com in a new tab.
• Read the updated Code of Practice on Picketing: Picketing: draft revised code of practice - GOV.UKopens eur02.safelinks.protection.outlook.com in a new tab.
• For more information see the Repeal of the Trade Union Act 2016 factsheetopens assets.publishing.service.gov.uk in a new tab.

April 2026

The following changes will be made to the trade union recognition process in April:

• ⁠simple majority required in recognition ballots (removing the previous 40% support threshold)
• removal of the likely majority test when a union submits a recognition application
• preventing recognition of a non-independent union, in response to a request for voluntary recognition from an independent union, from blocking the independent union’s subsequent recognition application.

Further changes to trade union recognition are expected later this year. This page will be updated when details are confirmed.