On 18 February 2026, the first phase of reforms under the Employment Rights Act 2025 took effect. These initial changes concentrate on industrial action and collective dispute procedure. While the amendments do not remove the statutory framework governing ballots and notice, they recalibrate how that framework operates in practice and how participating employees are protected.
For employers, the significance lies less in the wording of the statute and more in the practical shift in litigation and dispute risk.
Changes from 18 February 2026
The revised ballot regime removes several procedural hurdles that previously created opportunities for challenge on narrow technical grounds. Earlier disputes frequently turned on defects in ballot notices, wording or compliance with detailed procedural requirements. The reforms reduce the likelihood that industrial action will be restrained solely because of minor procedural irregularities.
This does not mean industrial action is automatic or immune from scrutiny. It does mean that reliance on technical defects as a defensive strategy is less likely to succeed. Employers should anticipate that unions may secure lawful mandates with fewer procedural obstacles. The strategic emphasis therefore shifts towards substantive engagement, negotiation planning and dispute containment rather than procedural litigation.
Extended Protection from Dismissal
The reforms also extend the period during which employees are protected from dismissal for participating in lawful industrial action. Participation within the statutory protected period carries enhanced safeguards. Dismissals connected to strike involvement are subject to closer examination and may give rise to automatic unfair dismissal claims.
For employers, the practical implication is evidential discipline. Any termination or disciplinary decision taken during a period of industrial action must be demonstrably independent of strike participation. Documentation should record the legitimate business grounds relied upon and the reasoning process followed. Managers require clear guidance on communications and conduct during disputes, particularly where operational restructuring or performance management is ongoing.
Tribunal exposure is not the only risk. Allegations that action has been taken in retaliation for lawful industrial activity are likely to attract union escalation and reputational scrutiny alongside legal proceedings.
Notice Framework and Operational Readiness
Notice requirements have been streamlined, reducing procedural complexity. While statutory notice obligations remain in place, disputes are less likely to centre on minor technical non-compliance. Employers should ensure that internal industrial relations protocols reflect the updated position rather than assumptions based on the previous regime.
This includes reviewing escalation pathways, internal authorisation processes and crisis response planning. Collective disputes now operate within a recalibrated balance of rights. Organisations that continue to rely on historic dispute playbooks may find that the margin for procedural intervention has narrowed.
Strategic Implications for Employers
The February 2026 ERA reforms alter the risk profile surrounding collective disputes. Industrial action may be procedurally easier to organise, and dismissal protection has been broadened. Decisions taken during periods of industrial tension require careful evidential separation from strike activity and disciplined documentation.
Boards and senior leadership teams should treat industrial relations governance as an active risk area. That includes reviewing collective bargaining strategy, manager training, documentation standards and communication protocols. The reforms are limited in scope but signal a broader programme of change under the Employment Rights Act, with further developments expected through 2026 and 2027 in areas including unfair dismissal, flexible working and zero-hours arrangements.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
