Trade union changes under ERA 2025 now in force

Described as the most significant reforms of trade union laws in a generation, a number of sections of the Employment Rights Act 2025 (ERA 2025) came into force on 18 February 2026, with the Government advising unions to review their internal policies and processes to ensure they are compatible with the new legislation.

Among the important changes, dismissal for taking part in protected industrial action is now “automatically unfair”, removing the previous 12-week limit for claiming unfair dismissal and extending it through the whole period of industrial action.

With regard to ballots for industrial action, the time needed to give notice of industrial action has reduced from 14 days to 10, while the mandate period for action, following a successful ballot, has doubled from 6 to 12 months.

Notices now only need to inform employers of the categories of employees balloted, their workplaces and the total number concerned with the requirement for a 40% support threshold to be met in industrial action ballots in certain important public services having been removed for ballots opening on or after 18 February. Under the Trade Union Act 2016, unions were required to appoint a picketing supervisor. That provision has also been removed as most of the 2016 Act has now been repealed.

In addition, new members joining a trade union will now be automatically opted in to contributing to the union’s political fund (assuming it has one), unless they expressly opt out by providing an opt-out notice. The requirement for unions to ballot their members every 10 years on the maintenance of a political fund is removed and they no longer need to remind members of their right to opt out of contributing to a political fund.

With regard to the public sector, the requirement for trade union facility time to be published for relevant public sector employers has been lifted as has the prohibition on relevant public sector employers from making (check-off) deductions from wages in respect of trade union subscriptions.

Further provisions of the ERA 2025 will come into force later this year concerning paternity leave, Statutory Sick Pay, whistleblowing and the right to time off and access to facilities for a new group of workers/equality representatives.

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Trade union changes under ERA 2025 now in force

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