Industrial Action Ballot Changes
The framework governing industrial action ballots has been revised to remove several procedural obstacles that previously created scope for technical challenge. Earlier regimes often allowed employers to contest strike action on narrow defects in ballot process or notice compliance. The current position reduces the likelihood of industrial action being restrained on purely technical grounds.
As a result, the strategic landscape shifts. Unions may find it more straightforward to secure a lawful mandate for industrial action. For employers, the emphasis is likely to move away from procedural challenges and towards substantive engagement, negotiation strategy and structured dispute management. Legal preparation remains important, but reliance on ballot technicalities is less likely to provide a durable solution.
Expanded Protection Against Dismissal
The period during which employees are protected from dismissal for participating in lawful industrial action has been extended. This broadens the scope of protection and increases the legal exposure associated with dismissals connected, directly or indirectly, to strike participation.
Employers need to ensure that any termination decision can be clearly separated from the employee’s involvement in protected industrial action. Decision-making records should demonstrate independent and lawful grounds for dismissal where those grounds exist. Managers should understand the extended protection framework and the heightened scrutiny that may follow contentious decisions taken during a dispute.
Errors in this area are likely to give rise to unfair dismissal claims. The financial implications can be significant, and the reputational impact of litigation connected to industrial relations disputes should not be underestimated.
Simplified Notice Requirements
Notice requirements relating to industrial action have been streamlined. While unions and employers continue to operate within a statutory notice framework, the reforms are designed to reduce procedural complexity and limit disputes focused solely on technical compliance.
Organisations should review internal industrial relations procedures to ensure they reflect the updated regime. Policies and response protocols developed under the previous framework may no longer align with the current statutory position. Reliance on outdated assumptions risks procedural missteps at a point where legal protection has narrowed and substantive dispute handling has become more central.
DMS Perspective
For employers operating in unionised or workforce-sensitive sectors that have not already taken preparatory steps ahead of the rule change, now is the time to review collective bargaining strategies, escalation procedures and leadership training on industrial relations risk.
The 18 February 2026 reforms alter the risk profile around collective disputes, narrowing the scope for technical defensive tactics and increasing scrutiny of employer conduct during disputes.
Employers should assume that industrial action may now be procedurally easier to organise.Decisions taken during periods of collective tension, particularly dismissals, restructures or disciplinary action affecting participating employees, mnay now require careful evidential separation from strike activity.
Be wary also that claims framed as retaliation for lawful industrial action are likely to attract union escalation and media attention alongside tribunal risk.
The wider Employment Rights Act implementation programme will continue throughout 2026 and into 2027, with further changes expected in areas such as unfair dismissal, flexible working and zero-hours arrangements.
Need Assistance?
For tailored guidance on how the Employment Rights Act changes affect your organisation, you can arrange a fixed-fee telephone consultation with one of our employment law advisers.
