Employment Rights Act Policy explainer Employment rights changes, February 2026
The Employment Rights Act became law in December 2025, and the reforms in the Act are being implemented at various points throughout 2026 and 2027.
The first wave of reforms came into effect in Great Britain on 18 February 2026.
What has changed?
Most of the changes relate to the simplification of organising industrial action:
- Removal of the obligation for unions to appoint a picketing supervisor.
- Extension of protection against dismissal for participation in protected industrial action to the full duration of the action, up from 12 weeks.
- Simplification of ballot notice requirements and ballot papers.
- Reduction of the notice period for industrial action from 14 days to 10 days.
- Removal of the requirement for unions to disclose the number of employees in each category expected to take part in industrial action.
- Extension of the mandate for industrial action from six to twelve months, for successful ballots opened from 18 February 2026.
- Removal of the 10-year ballot requirement for union political funds, and automatic opt-in of all new union members to political funds.
- Removal of the requirement for unions to meet the additional 40% support threshold for industrial action in important public services.
The other change to note relates to ‘day 1’ Paternity Leave and Unpaid Parental Leave. While these new rights do not come into force until 6 April, eligible employees can now give notice that they intend to take the leave.
What do these changes mean for employers?
By making it easier for unions to engage workers and organise industrial action, these reforms are likely to lead to an uptick in union activity.
Further reforms relating to trade unions – such as union access to workplaces and lower thresholds for union recognition – will come into effect later this year, which will further strengthen union presence and activity in workplaces.
If you have any questions about these changes, you can reach out to the IoD’s Information and Advisory Service at [email protected]. Full IoD members can access professional advice on HR issues and employment law as part of their membership.
About the author
Alex Hall-Chen is Principal Policy Advisor for Sustainability, Employment, and Skills at the IoD. She previously worked in education research and as a Policy Advisor at the CBI. She holds a BA in Politics and Sociology from the University of Cambridge and an MSc in Comparative and International Education from the University of Oxford, and is a school governor for the Thinking Schools Academy Trust.
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