⚠️ Major Trade Union Reforms Start on 18th February 2026
- HRNews
- Jan 23
- 2 min read
The first set of regulations under the Employment Rights Act 2025 has just been confirmed. While the headline "day-one rights" arrive in April, the legal landscape for industrial action and family leave notice changes much sooner.
What is the news?
The Government has confirmed two critical implementation dates:
18th February 2026 (Industrial Action): Significant "hurdles" to strike action are being removed. This includes scrapping the 40% support threshold in public services and extending strike mandates from 6 to 12 months. Crucially, workers now have permanent protection against detriment and dismissal for taking part in industrial action—the old 12-week limit is gone.
6th April 2026 (Family Leave): Paternity and Parental leave officially become day-one rights.
The "Bridge" Period: Although the day-one rights start in April, employees can legally start giving you notice for that leave as early as 18th February 2026.
What does it mean?
This is a strategic shift in the balance of power between employers, unions & new hires:
Lower Bar for Strikes: With the removal of support thresholds and the reduction of information required in ballot notices, it is now legally "easier" for unions to secure a mandate.
Long-Term Mandates: Once a union has a successful ballot, they now hold that "strike threat" for a full year. This significantly changes the dynamic of long-term pay negotiations.
End of the 12-Week Safety Net: Previously, employers had a 12-week window where they were somewhat protected when dismissing strikers. That is now gone. Dismissal for industrial action is now "automatically unfair" at any time.
Onboarding Disruption: You could hire someone on Monday, and by Tuesday they could legally give you notice for paternity or parental leave.
Our Advice to you:
The "February 18th" deadline is only weeks away. Here is your immediate checklist:
Audit Your Strike Readiness: If you have a recognised union, review your industrial relations strategy. The 12-month mandate means you need a more sustainable, long-term approach to collective bargaining rather than "waiting out" a 6-month window.
Update Your Notice Systems: Ensure your HR systems are ready to accept paternity and parental leave notices from 18th February. Managers should be briefed that they cannot reject these notices just because the employee hasn't started yet or has zero service.
Manage Your "New Hire" Pipeline: When interviewing for roles starting after April, your hiring managers need to be prepared for the possibility of immediate leave requests. Ensure your "handover" and "onboarding" processes are robust enough to handle early absences.
Protect Your Managers: Train line managers on the new "Protection against Detriment" rules. Any negative treatment of a staff member because they participated in a strike - even "minor" detriments like shift changes or bonus exclusions, could now lead to a costly tribunal.
The rules of engagement are changing. We can support your team readiness fora more unionised and flexible 2026.
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