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Industrial action ballots: turnout and support thresholds | At least 50% of all eligible members must have voted (turnout threshold), and in ballots of workers in ‘important public services’ it also requires at least 40% of those entitled to vote to have voted in favour of the action (support threshold) | A simple majority of those voting will be enough to authorise industrial action with no requirement for the 40% support threshold | Support threshold – 18 February 2026 Turnout threshold – delayed to coincide with introduction of electronic balloting |
Notice of industrial action and changes to duration of mandate for industrial action | Notice of intended strike action is 14 days. Strike mandate can last for six months | Notice of intended strike reduced to 10 days and validity of strike mandate increases to 12 months | |
Dismissal for taking industrial action | An employee taking part in protected industrial action will be automatically unfairly dismissed where the reason (or, if more than one, the principal reason) for the dismissal is that the employee took part in protected industrial action. The date of the dismissal must fall within the ‘protected period’ | Dismissal for taking part in industrial action will become automatically unfair. This will remove the current 12-week limit meaning that protection will be provided for both the full duration of an official, lawful strike and after that strike has concluded. | |
Simplified statutory trade union recognition processes | To gain statutory recognition, a union needs at least 10% membership in the proposed bargaining unit and majority support in a ballot | Threshold for CAC to accept Trade Union application will be replaced with a test of anywhere between 2% and 10%. The requirement for union to demonstrate there is likely to be majority support will be removed, and the 40% support threshold will also be removed | |
| Statutory Trade Union ballots must be held by post | Introduction of electronic balloting | |
Right to statement of trade union rights | | New right for employees to receive information about their right to join a Trade Union | |
Trade union access to workplaces | Recognised Trade Unions have specific rights to attend the workplace, primarily through the entitlement of their officials and members to take time off for union-related activities and duties, but they don’t have a general right to enter workplaces to recruit and organise members | New right for Trade Unions to request access to the workplace, via a formal process, even where there are no union members. They’ll be able to make a formal request for access to recruit members, support workers, and facilitate collective bargaining. However, access cannot be used to promote or organise strikes | |
