The Trade Union Law That Changed in February — And Most Employers Still Don't Know

On 18 February 2026, most of the Trade Union Act 2016 was repealed. Your legal position as an employer changed overnight. If you haven't updated your HR policies since then, you're working from rules that no longer apply.

This wasn't buried in small print. It was debated in Parliament, supported by 6.1 million union members, and confirmed by the government. Yet six weeks later, most UK SMB owners have never heard of it.

Here's what changed, who's affected, and what you need to do.

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What Was the Trade Union Act 2016?

The Trade Union Act 2016 was introduced by the Cameron government to make it harder for unions to take industrial action. Its core provisions were:

• Ballot mandate time limits: Unions had to act on a successful strike ballot within 6 months of the result
• Higher turnout thresholds: At least 50% of eligible members had to vote (previously no minimum)
• Strike notice: 14 days' notice required before action could begin
• Strike protection: Workers were legally protected from dismissal for the first 12 weeks of official strike action

These rules were never popular with trade unions. The Employment Rights Act 2025, passed in late 2025 and now taking effect in phases, repealed most of them.

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What Changed on 18 February 2026

1. Ballot mandate extended from 6 months to 12 months

Before February 18: if a union won a ballot authorising strike action, they had 6 months to use it before the mandate expired and they'd need to ballot again.

After February 18: that window is now 12 months.

What this means for employers: You cannot wait out a dispute. A union that balloted successfully in January now has until January 2027 to call a strike. The pressure to resolve a dispute early has never been higher.

Sectors most exposed: hospitality (high casual workforce, Unite), social care (UNISON), retail (USDAW), construction (UCATT/Unite).

2. Strike notice reduced from 14 days to 10 days

Before February 18: unions had to give 14 days' notice before industrial action could begin.

After February 18: that's now 10 days.

What this means for employers: You have four fewer days to finalise contingency plans when notice arrives. If you're running a hospitality business with 40% of staff in a single union, 10 days is not much runway.

Action: Review your contingency staffing plan. If you haven't got one, write one. What does a walkout actually look like in your business? Who covers what? At what point is the business unable to operate?

3. Strike protection is now unlimited

Before February 18: employees who took part in official strike action were protected from dismissal for the first 12 weeks only.

After February 18: that protection is unlimited. There is no longer a 12-week window after which you can legally dismiss striking workers.

What this means for employers: Dismissing striking workers was already legally risky, but previously possible after 12 weeks if it was justified. That safety valve is gone. Any dismissal of a worker for taking part in official strike action is now automatically unfair dismissal, regardless of how long the action has lasted.

Combined with SI 2026/310 (which raised the maximum unfair dismissal award to £123,543 from April 6), the financial exposure from mishandling a strike has increased significantly.

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What's Coming in October 2026

The most significant provision — the one with the widest impact on SMBs — has been given a longer implementation window. From October 2026, unions gain a statutory right of access to employer premises to recruit members.

This is the provision most employers are completely unaware of.

What it means in practice

Once the October 2026 provisions are in force:

• Union officials will have a statutory right to access your workplace to recruit employees — even if you've never recognised a union
• You will not be able to refuse access without facing a financial penalty
• Access must be granted at reasonable times and in a reasonable manner — but the union chooses when to request it
• This applies regardless of your size. There is no staff minimum threshold.

The 6.1 million figure matters here. There are 6.1 million union members in the UK. In sectors like hospitality, food production, and care, union membership rates among certain roles (kitchen staff, care workers, cleaners) can be well above the national average.

How to prepare before October

You cannot legally refuse access. But you can prepare intelligently:

1. Know your workforce. How many of your employees are union members? You don't have a right to ask, but patterns in your sector tell a story. High-turnover sectors tend to have higher union density in lower-wage roles.

2. Review your employment policies. Are your contracts silent on union matters? They don't need to be hostile, but clarity on your position — including what spaces are available, what times are reasonable — gives you some control over the process.

3. Train your managers. A confused supervisor who obstructs a union rep (deliberately or accidentally) is your biggest legal risk. They need to know: don't interfere, don't threaten, don't promise anything.

4. Talk to an employment solicitor before October. The specific regulations implementing the access rights are expected to be finalised by summer 2026. A one-hour briefing from an employment lawyer before the details land will save you considerably more than it costs.

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Who Is Most Affected

Hospitality

The hospitality sector has some of the highest union membership rates among casual and seasonal workers. Unite represents a significant proportion of hotel and bar staff; BFAWU (Bakers, Food, and Allied Workers Union) has strong representation in food production and café settings.

A 12-month ballot mandate means a dispute that started in the post-Christmas period could still be live in December. The 10-day strike notice means a Monday announcement can mean action by that same Wednesday fortnight.

Retail

USDAW represents significant numbers of retail workers, particularly in larger supermarkets and national chains. Independent retailers with 20+ staff in unionised regions (London, Manchester, Glasgow) should take note.

Care

UNISON is one of the largest union in the care sector. The unlimited strike protection removes a key mechanism that some care homes have previously relied on as a theoretical backstop in long-running disputes.

Construction

Unite has significant construction membership. The CDM/Health & Safety pressures on site also create an environment where workers' concerns — if not addressed — can mobilise quickly.

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The HR Policy Gap

Most SMBs with standard HR policies last updated those policies in 2023 or 2024. They almost certainly reference the 14-day notice period, the 6-month mandate, and possibly the 12-week protection.

All three are now wrong.

What to update:

• ✅ Strike/industrial action policy: remove reference to 14 days' notice (now 10), remove reference to 6-month mandate (now 12 months), remove reference to 12-week protection (now unlimited)
• ✅ Contingency planning document: review in light of 10-day (not 14-day) notice
• ✅ Manager guidance: brief on October 2026 union access rights before they land

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Frequently Asked Questions

Does this apply to my small business if I've never had a union dispute?

Yes. The ballot mandate, notice period, and protection changes apply to any business where a union is recognised or where employees are members of a union. The October 2026 access rights apply to all employers, regardless of prior union recognition.

What's the difference between a recognised union and one that recruits at my premises?

A recognised union is one you've formally agreed to negotiate with. From October 2026, even non-recognised unions have a right to access your premises to recruit members. Recognition is a separate (and more complex) process.

Does the 12-month ballot mandate mean action can drag on for a year?

It means the mandate is valid for 12 months. Actual strike action still requires notice and can be paused and resumed. The practical effect is that unions have much more leverage in negotiations — they can threaten a return to action throughout the 12-month window without re-balloting.

Can I still dismiss employees who refuse to work during a strike?

Only employees who are not taking part in official industrial action can be managed in the usual way. Employees taking part in official strike action cannot be dismissed for that reason, regardless of duration. Attempting to do so is automatically unfair dismissal.

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Key Dates Summary

Date	Change
18 February 2026	Trade Union Act 2016 mostly repealed — ballot mandate 12 months, notice 10 days, unlimited protection
April 2026	Maximum unfair dismissal award rises to £123,543 (SI 2026/310)
October 2026	Union access rights: statutory right to recruit on employer premises

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What ComplianceAlert Tracks For You

This is exactly the type of change that falls between the cracks. No HMRC penalty notice. No enforcement deadline. Just a quiet repeal date that shifted your legal position permanently.

ComplianceAlert monitors employment law changes, ACAS guidance, and employment tribunal trends — and sends you a plain-English alert when something changes in your sector.

Take our free 3-minute Compliance Score quiz: compliancealert.co.uk/compliance-score

Not sure if your HR policies are up to date? Find out in 20 questions, no sign-up required.

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