16/03/2026

The GB Government has introduced new Code of practice on industrial action ballots and notice to employers reflecting legal changes that took effect on 18 February 2026 under the Employment Rights Act 2025.

Key changes include:

• Simpler ballot notices – unions will have to provide less detailed information when notifying employers of a ballot.
• Shorter notice for industrial action – reduced from 14 days to 10 days (Northern Ireland remains at 7 days).
• Longer ballot validity – ballots opened on or after 18 February 2026 will be valid for 12 months, with no option to extend.
• Removal of the 40% support threshold for “important public services” – industrial action no longer needs this higher level of support (this threshold never applied in NI).
• No legal requirement to supervise picketing – unions will no longer be required to appoint a picket supervisor.
• Stronger protection from dismissal – employees taking part in lawful, official industrial action will be protected for the full duration of the action, not just for 12 weeks.

Consultation published on detriment for taking lawful industrial action

Following the Supreme Court’s decision in Secretary of State for Business and Trade v Mercer (2024), the GB Government has launched a consultation on protecting workers from detriment short of dismissal for taking part in lawful industrial action. The Court found that current law does not protect workers from sanctions such as warnings, disciplinary action or other penalties, and that this breaches Article 11 ECHR.

The Consultation proposes:

• Prohibiting all forms of detriment for taking part in lawful industrial action (the Government’s preferred option).
• Confirming that proportionate pay deductions during strikes will still be allowed.
• Considering whether to create a list of prohibited detriments, though little detail is provided.
• Allowing tribunals to apply ACAS Code uplifts to compensation in these cases.

Consultation closes on 23 April 2026, with regulations expected to take effect in October 2026.

The position in Northern Ireland

Industrial action laws in Northern Ireland will also be updated in several areas, but the approach remains more cautious than in Great Britain. The Department plans to keep the 7‑day notice period for industrial action, and will also look at ways to simplify the balloting process for unions and employers. It also intends to allow e‑balloting as an alternative to postal ballots.

The NI Code of Practice on Picketing states where picketing that is officially organised by a trade union should always have someone in charge ideally a union official. At present there is no proposal to change this requirement.

For employees taking part in industrial action, similar to GB the Department proposes to remove the current 12‑week limit on protection from dismissal for those involved in official industrial action. This means protection would last for the full duration of lawful action. The position on unofficial industrial action will remain unchanged—employees dismissed while taking part in unofficial action will normally not be able to claim unfair dismissal. There are no current proposals to amend the law to remove the lacuna identified by Mercer.

The 40% support threshold for “important public services” was never in place in Northern Ireland.