From 18 February 2026, the first set of reforms under the Employment Rights Act 2025 took effect. The initial changes focus on industrial action and collective dispute procedures. While the statutory framework for ballots and notice remains in place, the reforms adjust how easily industrial action can proceed and extend protections for employees who participate in lawful strike activity.
For organisations without in-house legal teams or established industrial relations structures, these changes require closer attention to process and documentation.
Ballot Rules: Reduced Scope for Technical Challenge
The updated ballot framework removes several procedural hurdles that previously allowed employers to challenge industrial action on narrow technical grounds. Minor defects in notice or ballot process are less likely to result in strike action being restrained.
The practical consequence is that lawful strike mandates may be secured more readily. Where collective tension arises, employers should assume that procedural litigation is less likely to resolve the issue. Early dialogue, clear communication and contingency planning are more likely to determine how disruption is managed.
Dismissal Risk During Industrial Action
The reforms also extend the period during which employees are protected from dismissal for taking part in lawful industrial action. Dismissal linked to strike participation during the statutory protected period may amount to automatic unfair dismissal.
For organisations managing disputes without specialist industrial relations support, this increases the importance of careful record keeping. If performance, conduct or redundancy processes continue during a period of industrial action, the business rationale must be clearly documented and demonstrably separate from strike activity.
Even where dismissal is not contemplated, disciplinary warnings or restructuring decisions affecting participating employees should be approached cautiously. Allegations that action has been taken in response to lawful strike participation may escalate quickly and attract external scrutiny.
Notice Requirements and Internal Preparedness
Notice requirements relating to industrial action have been simplified. While statutory notice must still be given, disputes are less likely to hinge on technical compliance arguments. Employers should ensure that internal procedures reflect the updated regime rather than relying on historical practice.
This includes reviewing who within the organisation is authorised to respond to union communications, how information is escalated to senior decision-makers and how external advice is sought where necessary. Smaller organisations in particular may benefit from clarifying lines of responsibility before a dispute arises.
Managing Risk in Practice
Industrial action may now be procedurally easier to organise. Organisations that do not routinely deal with collective disputes should review contingency arrangements for operational continuity. That may include reviewing staffing flexibility, communication plans and decision-making protocols during periods of disruption.
Where decisions affecting employment are taken during industrial action, documentation should record the legitimate business reasons relied upon and the steps taken to ensure fairness. Clear records provide protection if decisions are later examined by a tribunal.
The February ERA reforms are the first stage of a wider programme under the Employment Rights Act 2025. Further changes are expected through 2026 and 2027 in areas such as unfair dismissal, flexible working and zero-hours arrangements. Keeping policies under review will reduce the risk of non-compliance as the legal landscape evolves.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services Limited - a Marketing & Content Agency for the Professional Services Sector.
