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Saturday, March 7, 2026

Employment Law Alert UK – March 2026 - Simmons & Simmons

EMPLOYMENT RIGHTS ACT 2025

First changes to trade union law come into force. From 18 February 2026, several significant changes to trade union law under the Employment Rights Act 2025 came into force. The requirements for the content of union notices and ballot papers relating to industrial action have been simplified, making the process less administratively burdensome. The previous rule that industrial action ballots in certain key public services required at least 40% of those eligible to vote in favour has been abolished. The minimum notice period that unions must give employers before commencing industrial action has been shortened from 14 days to 10 days. For ballots opened on or after 18 February 2026, the period during which industrial action can lawfully take place has been extended to 12 months, though this period cannot be further extended. The obligation for unions to supervise picketing has been removed. Additionally, legal protection from dismissal for participating in official, lawful industrial action now covers the entire duration of the action, rather than being limited to a 12-week period. These reforms collectively aim to simplify procedures and enhance protections for union members involved in industrial action.

The Government continues to publish a steady stream of consultations. In February the government published the following consultations in relation to changes brought about by the Employment Rights Act 2025:

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