The Employment Rights Act—passed in December 2025 and implemented throughout 2026 and into 2027—marks the most significant change in UK Employment law in decades, both introducing new and improved rights and reversing many of the statutory restrictions on trade union activity introduced in recent decades.
The Act strengthens collective voice, expands protections for millions of workers, and dismantles legislative barriers that have constrained union activity for over a decade. It also gives additional rights to individuals as workers. The Act has been widely welcomed by trade unions, including the EIS, as an important step in enhancing the rights of workers, in all sectors, across the UK.
The Context: Pro-Employer Employment Laws
The UK’s employment law framework has long been unbalanced in favouring employers, despite some assistive caselaw judgements being given over time. The imbalance favouring employers was exacerbated by the Trade Union Act 2016, introduced by the former UK Conservative Government, which aimed to make organising and industrial action more difficult.
The additional thresholds, for example, had a chilling effect on industrial action. The new Employment Rights Act goes some way to rebalance employment law in favour of stronger individual and collective workers’ employment rights.
Repeal of Restrictive Union Legislation
One of the most consequential changes for unions is the repeal of most of the Trade Union Act 2016, effective 18 February 2026. This includes:
- Removal of the 10-year ballot requirement for political funds to be renewed
- Simplified industrial action notices, and notice period reduced to 10 days
- Strike mandate extended from 6 months to 12 months
- Simplified ballot notices
- Simplified picketing arrangements
- Stronger protections against dismissal for taking industrial action
These changes reduce administrative burdens for trade unions, reduce legal risks and strengthen the legal safety of members participating in industrial action.
Additionally, the Strikes (Minimum Service Levels) Act 2023 was repealed at Royal Assent in December 2025, removing the 40% threshold for industrial action ballots in key sectors such as schools.
Strengthened Individual Employment Rights
The Act introduces a wide range of new rights and expanded protections for individuals:
- Day-one rights now apply to paternity leave and unpaid parental leave, from day one of employment.
- Statutory Sick Pay reform, removing the lower earnings limit and waiting period – Statutory Sick Pay will be calculated at the standard rate or 80% of weekly earnings, whichever is lower.
- Bereavement leave, granting up to 2.7 million employees a new entitlement to paid bereavement leave each year.
- Zero-hours contract protections, including the right to a contract reflecting actual hours worked and compensation for late shift cancellations.
- The zero hours contract protections are still being developed for implementation in 2027, and this area may have a significant impact for supply teachers who wish to obtain guaranteed hours. This may result in significant work for the Salaries Committee in relation to the SNCT and the soon to be established SNCT Supply Teachers’ Working Group.
- Whistleblowing protections, strengthened particularly around sexual harassment cases – prescribing that a qualifying disclosure now includes that sexual harassment is occurring, has occurred, or is likely to occur (effective April 2026).
- Protection from Third Party Harassment, whereby an employer will be liable when third party harassment of an employee occurs and the employer does not take all reasonable steps to prevent the third party harassment (effective October 2026).
Collective Rights and Union Access
From October 2026, the Act introduces:
- A statement of trade union rights, where employers must give employees a written statement of their right to join a trade union.
- Strengthened union access rights.
- New protections against detriment for taking industrial action.
- From 6 April 2026 the protective award doubles to 180 days’ pay.
- Simplified union recognition processes – with digital recognition ballots in 2027.
- Freezing of the bargaining unit during recognition applications to prevent employer manipulation.
Collectively, these reforms directly enhance unions’ ability to organise, recruit, and negotiate. The new protections for individuals taking industrial action are a timely and very welcome development.
Enforcement of the Employment Rights Act
The Act establishes the Fair Work Agency throughout the UK, a new enforcement body with expanded powers to oversee compliance, investigate abuses, and support workers in asserting their rights. The Agency’s powers on Employment Rights Act derived laws have jurisdiction in Scotland.
The Scottish Government’s Fair Work First policy is separate to the work of the Fair Work Agency, and based on pre-Employment Rights Act duties.
The Act has created an opportunity for the Scottish trade union movement to campaign for the Scottish Government to further develop and improve its “Fair Work First” policy.
Implications for Trade Unions
On 25th August 2026, the trade union turnout threshold of 50% was repealed, and balloting means for union elected posts and industrial action were changed to include digital, workplace and hybrid voting, as well allowing for a continuation of postal voting.
The changes that relax barriers to balloting and industrial action will assist trade unions in campaigning and organising. It makes the threat of industrial action more credible, increasing the bargaining power of workers through their unions.
More about the Employment Rights Act
The Employment Rights Act is a substantial and important piece of legislation, which will have an impact on the rights and protections of workers across the country.
It marks an important step in starting to redress the current imbalance between the rights of employers and the rights of workers.
The EIS, in common with other TUC and STUC affiliates, views the Employment Rights Act as a significant victory for the nation’s workers.
