Trade unions and industrial action
Topic
What is happening?
When?
Repeal of the Strikes (Minimum Service Levels) Act 2023 and major parts of the Trade Union Act 2016
New protections preventing against detriment for participating in industrial action and strengthening protection against dismissal
Simplifying industrial action notices and industrial action ballot notices
At Royal Assent or soon afterwards
Statutory Sick Pay (SSP)
April 2026
SSP will be payable from the first day of absence and available to all eligible employees regardless of their earnings
Collective redundancy consultation penalty
Doubling the maximum period of the protective award from 90 days’ pay to 180 days’ pay
‘Day 1’ Paternity Leave and unpaid Parental Leave
Allowing employees to take these forms of leave from day one of employment
Trade unions and industrial action
Simplifying the statutory trade union recognition process
Electronic and workplace balloting
Employment Tribunal time limits
Extending the time limit for employees to claim (start early conciliation) against their employer from 3 to 6 months
October 2026
Fire and re-hire
Restrictions on (but not prohibition of) dismissal and re-engagement as a means of making contractual changes
Preventing harassment
Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees
Introducing an obligation on employers not to permit the harassment of their employees by third parties
Trade unions and industrial action
Duty to inform workers of their right to join a trade union
Measures to strengthen trade unions’ right of access
New rights and protections for trade union representatives
Extending protections from detriments for taking industrial action
‘Day 1’ unfair dismissal rights
‘Day 1’ protection from unfair dismissal for employees with rules to be introduced for dismissals during probation.
From 2027
Collective redundancy consultation threshold
New trigger for collective redundancy consultation obligations
Zero hours contracts
New rights for zero and low hours contract and agency workers
Flexible working
Employers will have to provide a ‘reasonable’ reason to refuse an employee’s flexible working request
Rights for pregnant workers
New enhanced protections for pregnant employees and those returning from statutory family leave to limit the circumstances in which they may be dismissed
Umbrella companies
Umbrella companies to be regulated
Non-Disclosure Agreements (NDA)
NDAs covering harassment and discrimination between an employer and worker to be made void
TBC