Employment Rights Act Takes Effect: Stronger Protections for Striking Workers and Unions
The Employment Rights Act 2025 has begun rolling out major changes to UK labour law from February 2026 onwards, strengthening strike protections, union rights, and worker safeguards. These changes include removing minimum service level rules for strikes, making dismissal for industrial action 'automatically unfair', and giving parental leave rights from day one of employment.
The UK employment landscape is undergoing its most substantial legal reform in a generation. The Employment Rights Act 2025 repeals major parts of the Trade Union Act 2016. These changes take effect from 18 February 2026.
Key Changes Now in Force
On 18 December 2025, rules around 'minimum service levels' for strikes were removed. These rules were about keeping services running during a strike. Additionally, the latest changes that come into force in law include the overturning of the 40 per cent of total workforce support threshold imposed on public sector workers and the extension of strike mandates from six to 12 months following a ballot.
From 6 April 2026, employees will be eligible for parental leave from the first day of employment. The maximum protective award for failing to consult on collective redundancies has been doubled to 180 days' pay.
New Enforcement Body
The Act establishes a unified enforcement body. A new single body enforcing employment rights. Combines several existing enforcement organisations. Includes: workplace inspections, issuing penalties for underpayment, taking legal action on behalf of workers and enforcing criminal labour law breaches.
Coming Next
Further changes are planned for 2027. From 2026: voluntary for large employers (250+ staff). From 2027: mandatory for those reporting gender pay gaps. Must include actions to reduce pay gaps and support issues like menopause.
What this means for foreign workers: These reforms strengthen protections for all workers in the UK, including migrants. If you face unfair treatment, dismissal, or underpayment, the new enforcement body (Fair Work Agency) will have stronger powers to investigate and levy penalties on employers. Strike protections now extend to all workers. However, if your visa sponsorship is tied to a single employer, these worker protections do not override visa-specific compliance; always seek advice before taking industrial action.
Sources
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