Strike Ballots and Industrial Action: What Does the Law Require?

Employees in the UK have the right to take part in lawful industrial action. Still, trade unions must follow detailed statutory procedures before calling a strike or other action.

The rules governing industrial action have changed considerably in recent years. Measures introduced by the Trade Union Act 2016 were amended or repealed under the Employment Rights Act 2025, with several important changes taking effect in February 2026.

What Is Industrial Action?

Industrial action is collective action taken by workers in connection with a trade dispute. It may include:

• A strike involving a complete refusal to work
• An overtime ban
• Working strictly to contractual terms
• Refusing particular duties
• Other forms of action short of a strike

Industrial action commonly concerns pay, working hours, pensions, redundancies, workplace conditions or proposed changes to employment contracts.

Does a Union Need to Hold a Ballot?

A trade union must normally hold a properly conducted ballot before calling or endorsing industrial action.

The union must ballot the members it reasonably believes will be called upon to take part in the action. The ballot must comply with the statutory rules concerning notice, voting, scrutiny and communication of the result.

Industrial action organised without a valid ballot may expose the union to legal action and can affect the employment protection available to participating workers.

How Many Members Must Vote?

At present, at least 50% of the union members entitled to vote must take part in an industrial action ballot.

Of the votes cast, a simple majority must support the proposed action. This means that more members must vote in favour than vote against.

For example, where 1,000 members are entitled to vote, at least 500 must participate. If 500 members vote, at least 251 must support the action for the ballot to produce a majority in favour.

The Former Public-Service Threshold

The Trade Union Act 2016 introduced an additional rule for certain important public services. As well as meeting the 50% turnout requirement, at least 40% of everyone entitled to vote had to support the action.

This additional 40% support threshold was removed on 18 February 2026. Ballots involving important public services are now generally subject to the same majority rule as other industrial action ballots, although the overall 50% turnout requirement currently remains.

Electronic and Postal Voting

Industrial action ballots have traditionally been conducted by post. The government has now legislated to permit electronic and hybrid voting methods, subject to the supporting regulations, security requirements and implementation arrangements.

The changes are intended to make voting more accessible while protecting ballot secrecy, identity verification and the integrity of the result.

Until the relevant arrangements apply to a particular ballot, unions must continue to comply with the voting methods legally available at that time.

What Must the Ballot Paper Explain?

The ballot paper must ask whether the member is prepared to take part in strike action or action short of a strike, depending on what is proposed.

It should provide sufficient information about the dispute and the nature of the proposed action to allow members to make an informed decision.

The union must not call members to take action that falls materially outside the action authorised by the ballot.

How Long Does a Strike Ballot Remain Valid?

Since 18 February 2026, a successful industrial action ballot normally provides a mandate lasting 12 months from the closing date of the ballot.

The previous statutory period was six months. However, it could sometimes be extended by agreement.

If the union wishes to call industrial action after the 12 months have expired, it will normally need to hold a new ballot.

How Much Notice Must Be Given to an Employer?

A union must give the employer written notice before industrial action begins.

For notices given on or after 18 February 2026, the employer must generally receive at least 10 days' notice. The previous requirement was normally 14 days, or seven days where the employer agreed.

The notice should identify the category of workers being called to take action and the total number of workers concerned.

Notice of the Ballot

The union must also provide the employer with advance notice that an industrial action ballot is to take place.

The notice must be sufficiently clear to allow the employer to understand which employees are likely to be included. The detailed information requirements have been simplified under the Employment Rights Act 2025.

The union must also inform eligible members of the ballot result as soon as reasonably practicable.

What Is a Trade Dispute?

For statutory legal protection to apply, the industrial action must normally relate to a genuine trade dispute between workers and their employer.

A trade dispute can concern matters including:

• Terms and conditions of employment
• Pay
• Working hours
• Allocation of work
• Disciplinary procedures
• Trade union membership or recognition
• Engagement, suspension or dismissal of workers
• Workplace machinery or negotiating arrangements

Action taken solely for political purposes, or in support of workers employed by an unrelated employer, may not receive the same statutory protection.

Can Workers Be Dismissed for Striking?

Participation in officially organised and legally protected industrial action can provide employees with protection against unfair dismissal.

The precise protection depends on whether the action was lawfully organised, whether the employee was dismissed because of taking part and the circumstances in which the dismissal occurred.

The Employment Rights Act 2025 strengthened protection against dismissal for taking protected industrial action.

Employees considering industrial action should obtain advice from their union or an employment law solicitor because pay, continuity of employment and other contractual rights can still be affected.

Are Workers Paid While on Strike?

Employees are not normally entitled to be paid for periods during which they are on strike because they are not performing their contractual work.

An employer may make a proportionate deduction from pay. Disputes can arise over how the deduction is calculated, particularly for salaried employees or action lasting only part of a working day.

Different considerations may apply to action short of a strike where the employee continues to perform some, but not all, contractual duties.

Action Short of a Strike

Action short of a strike might include refusing overtime, working strictly to contractual hours or declining particular non-contractual duties.

An employer may refuse to accept partial performance and may seek to withhold some or all pay, depending on the circumstances.

Whether a pay deduction is lawful will depend on the contract, the form of action and whether the employer accepted the work performed.

Picketing

Peaceful picketing can be lawful where it is undertaken at or near a person's own place of work for the purpose of communicating information or peacefully persuading others not to work.

Pickets must not use violence, threats, harassment, obstruction or criminal damage.

From 18 February 2026, trade unions are no longer legally required to appoint a formal picket supervisor. However, unions and those taking part should still follow the statutory code of practice and ensure that picketing remains peaceful and properly controlled.

Is Unlawful Picketing a Criminal Offence?

Picketing itself is not automatically a criminal offence. However, conduct during a picket can result in criminal liability.

Possible offences may include:

• Assault
• Criminal damage
• Harassment
• Threatening or abusive behaviour
• Obstruction of the highway
• Aggravated trespass
• Breach of the peace

Employers may also seek a civil injunction where a picket is unlawful or where a union has failed to comply with industrial action requirements.

Minimum Service Levels

The Strikes (Minimum Service Levels) Act 2023 allowed minimum service regulations to be introduced in specified sectors and permitted employers to issue work notices identifying employees required to work during a strike.

That legislation was repealed under the Employment Rights Act 2025. Employers can no longer use the statutory work-notice system created by the 2023 Act.

Separate voluntary arrangements may still be agreed to protect life, safety or essential services during industrial action.

Can an Employer Challenge a Strike?

An employer may apply to the court for an injunction where it believes that the union has failed to comply with the statutory balloting or notice requirements.

If an injunction is granted, continuing to organise the action may expose the union to contempt-of-court proceedings and financial penalties.

Courts may examine matters including:

• Who was entitled to vote
• Whether the turnout and majority requirements were met
• Whether the employer received the correct notices
• Whether the proposed action matches the ballot
• Whether the dispute qualifies as a trade dispute

Minor accidental errors will not necessarily invalidate a ballot where they are unlikely to have affected the result, but this depends on the nature and scale of the mistake.

Resolving a Dispute Without a Strike

Employers and unions will often attempt to resolve a dispute through negotiation before industrial action takes place.

Acas may assist through collective conciliation. This involves an independent conciliator helping the parties clarify the issues, explore possible compromises and work towards an agreement.

Conciliation is voluntary, but it can help avoid the financial and operational consequences of prolonged industrial action.

Obtaining Legal Advice

Industrial action law is technical. Apparently, minor procedural errors can affect whether a strike is legally protected.

Trade unions should obtain specialist advice when preparing ballots and notices. Employers considering an injunction or responding to industrial action should also seek advice promptly.

Employees should speak to their union or an employment law solicitor where they are uncertain about dismissal protection, pay deductions, disciplinary action or whether the action has been lawfully organised.

Important Information

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal advice. Trade union and industrial action law may change, and its application will depend on the individual circumstances. You should seek advice from a suitably qualified employment law solicitor, trade union or Acas before taking or refraining from action.