The Government has published two documents related to the Employment Rights Act 2025 which are due to come into force on 18th February 2026.

The changes include:

• that trade unions will no longer need to meet a 40% support threshold in an industrial action ballot for important public services.
• that unions are no longer required to meet the 50% turnout threshold in industrial action ballots, although this still requires a commencement order for Section 68 of the Employment Rights Act 2025.
• that unions will no longer be required to provide employers with the number of workers in each of the categories of workers being balloted, the number of workers concerned at each workplace, and an explanation of how these figures and the total number of workers were arrived at.
• that employers can no longer impose work notices on trade unions for minimum service levels during strike action, and there is no longer a requirement for unions to appoint a picket supervisor.

The codes of practice:

1. A draft revised Picketing Code of Practice reflecting the imminent removal of the requirement for unions to appoint a picketing supervisor. From the Government website: “This draft code and its corresponding explanatory memorandum, laid before both Houses of Parliament, shows the proposed consequential revisions of the code. This follows amendments made to the Trade Union and Labour Relations (Consolidation) Act 1992 Act by the Employment Rights Act 2025. The revisions to the code relate to...

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