Government Publishes Draft Updates to Industrial Action Codes of Practice

Author: Michael Summers

Key Contact: Chris Aldridge

Earlier this month, the Government published draft revisions of the codes of practice on picketing, and industrial action ballots and notice to employers.

Background

The new Employment Rights Act 2025 has repealed most of the Trade Union Act 2016. It has also repealed the Strikes (Minimum Service Levels) Act 2013 in full. In addition, it has made various changes to the Trade Union and Labour Relations (Consolidation) Act 1992.

As detailed in the explanatory memoranda published alongside the drafts, the revisions are intended to bring the policies up to date. They are also designed to ensure conformity with the new legislative regime.

Code of practice on picketing

The code of practice on picketing has been updated to reflect changes introduced by the ERA. These changes abolish the requirement for unions to appoint a picket supervisor. They also remove the ability for employers to impose work notices on unions for minimum service levels.

Code of practice on industrial action ballots and notice to employers

The code of practice on industrial action ballots and notice to employers has been updated to reflect a broad scope of changes in the ERA relating to union ballots including:

• The abolition of the 40% support threshold.
• The abolition of the 50% turnout threshold and introduction of a simple majority.
• Simplified ballot notices and voting papers.
• Increased industrial action mandates.
• Reduced industrial action notice periods.

Transitional arrangements

Transitional arrangements have also been published alongside the draft codes, which seek to address how to deal with certain, in-progress cases that began under the old version of the Trade Union Act 2016, in addition to containing ‘saving’ provisions which preserve required parts of old legislation for a limited time despite the introduction of new law.

Parliamentary process and timing

The Government has laid both draft codes before Parliament under the negative procedure; this means that they will automatically be enacted unless an MP submits an objection within 40 days. However, this is unlikely to happen; the Commons and Lords haven’t made annulments since 1979 and 2000 respectively. Therefore, the updated draft codes are likely to come into force in late February.

What this means for employers

The code of practice on picketing has been updated to reflect the changes in the ERA which abolish the requirement for unions to appoint a picket supervisor and no longer allow employers to impose work notices on unions for minimum service levels.

The code of practice on industrial action ballots and notice to employers has been updated to reflect a broad scope of changes in the ERA relating to union ballots including the abolition of the 40% support threshold, the abolition of the 50% turnout threshold and introduction of a simple majority, simplified ballot notices and voting papers, increased industrial action mandates and reduced industrial action notice periods.