Will workers taking part in action short of strike have greater legal protection?

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The Employment Rights Act introduces major reforms to UK employment law, with changes being implemented in stages from December 2025 through to 2027.

Employment Rights Act

Published date

21 Jul 2026

Yes. The Act strengthens protections for workers involved in lawful industrial action.

Key changes include:

Protection from unfair dismissal now applies for the full duration of lawful industrial action, rather than only during the first 12 weeks.
From October 2026, workers will also gain protection from prescribed detriments for taking part in protected industrial action, including action short of a strike.

These changes are intended to give workers stronger legal protection when taking part in collective action organised by a trade union.

What this means for union reps

Members taking part in action short of a strike should have stronger legal protection.
Employers will face greater legal risk if they discipline workers for participating in lawful action.
Reps should still report any retaliation to the union immediately.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.