Trade union requirements

The majority of the Trade Union Act 2016 was repealed on 18 February.

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

Key changes

• Unions now have a 10-day notice period to inform employers of their intention to take industrial action (reduced from 14 days).
• Ballots approving industrial action have a 12-month mandate (increased from 6 months).
• Unions are no longer required to reimburse employers for check-off administration in the public sector.
• Unions are not required to appoint a picket supervisor to monitor picket lines.
• Employees are 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 are required to include less information than previously in industrial action notices and industrial action ballot notices.
• Public sector employers are no longer required to publish facility time.

Transitional arrangement

Read more guidance on transitional and saving arrangementsopens www.gov.uk in a new tab which set out, for example, how to deal with certain cases that began under the Trade Union Act 2016 legal framework but were still in progress when relevant provisions of the Employment Rights Act 2025 came into force on 18 February 2026.

Actions to take

• 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.opens www.gov.uk in a new tab
• Read the updated Code of Practice on Picketing.opens www.gov.uk in a new tab

Changes from April 2026

The following changes have been made to the trade union recognition process:

• ⁠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 in October this year.

Where these changes apply

The trade union measures apply in England, Scotland and Wales. They do not apply in Northern Ireland, where legislation relating to trade union law is devolved.

More information

For more information see the Repeal of the Trade Union Act 2016 factsheetopens assets.publishing.service.gov.uk in a new tab.

Acas and CIPD also offer training on working effectively with trade unionsopens www.acas.org.uk in a new tab (fees apply).