Strike laws.

Strike Ballots and Industrial Action: The Current Law.

Trade unions must follow detailed legal procedures before calling a strike or other industrial action. These procedures are intended to ensure that action has democratic support and that employers receive adequate notice.

The law has changed considerably since the Trade Union Act 2016 introduced stricter ballot thresholds. Several of those restrictions were removed under the Employment Rights Act 2025, although the general requirement for at least 50% of eligible members to participate in an industrial action ballot remains in force for the time being.

What Is Industrial Action?

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

• A complete strike
• An overtime ban
• Working strictly to contractual terms
• Refusing particular duties
• A slowdown or other action short of a strike

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

Must a Union 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. The ballot and related notices must comply with the statutory requirements if the union and participating workers are to receive the relevant legal protections.

Unofficial action, or action called without following the ballot rules, can expose the union to legal proceedings and leave participating employees with less protection against dismissal.

The Current 50% Turnout Requirement

In July 2026, at least 50% of the union members entitled to vote must still participate in an industrial action ballot.

Of the votes cast, more members must vote in favour of the proposed action than vote against it.

For example, where 1,000 members are entitled to vote:

• At least 500 must take part
• If exactly 500 vote, at least 251 must support the action

The Employment Rights Act 2025 contains provisions allowing the 50% turnout requirement to be repealed, but that repeal has not yet been brought into force.

The Former Public-Service Threshold

The Trade Union Act 2016 imposed an additional requirement for ballots involving important public services such as health, education, transport and fire services.

Under that rule, at least 40% of everyone entitled to vote had to support the action, as well as the ballot achieving a 50% turnout.

The additional 40% support threshold was removed for ballots opening on or after 18 February 2026.

Public- and private-sector ballots are therefore now subject to the same current voting test: a 50% turnout and a simple majority of the votes cast in favour.

Electronic and Workplace Balloting

Industrial action ballots have traditionally been conducted by post.

The Employment Rights Act 2025 provides for electronic and workplace voting to be introduced for statutory trade union ballots. The government expects the new arrangements to take effect by 31 August 2026.

The detailed rules must protect:

• The secrecy of the vote
• The identity of eligible voters
• The accuracy of the result
• Security against interference or duplicate voting
• Independent scrutiny where required

Until the new arrangements are operational, unions must continue to use the legally permitted voting process applying to the particular ballot.

How Long Does a Ballot Mandate Last?

For ballots opened on or after 18 February 2026, a successful ballot normally authorises industrial action for 12 months from the closing date of the ballot.

The previous statutory period was six months.

If the union wishes to call action after the mandate expires, it will normally need to hold another ballot.

Can Historic Ballots Still Be Used?

A union cannot rely indefinitely on an old ballot result.

The current 12-month mandate allows action to be called at different times during that period, provided the action remains within the scope of the ballot and the union gives the required notice.

A fresh ballot will normally be required once the mandate has expired.

Notice to the Employer

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

For notices received by an employer on or after 18 February 2026, at least 10 days' notice must generally be provided.

The previous requirement was normally 14 days, or seven days where the Employer agreed.

The notice must include information such as:

• The categories of workers being called to take action
• The workplaces concerned
• The total number of affected workers
• The date or dates on which action will take place

What Must the Ballot Paper Say?

The ballot paper must clearly ask whether members are prepared to take part in strike action, action short of a strike, or both.

Some of the additional information requirements introduced in 2016 have been removed. However, members must still be able to understand what they are being asked to authorise.

A union should not later call materially different action from that approved by the ballot.

Can Agency Workers Replace Striking Employees?

Employment agencies must not knowingly supply workers to perform duties normally carried out by employees taking part in lawful industrial action.

The government briefly removed this restriction in 2022, but the High Court quashed the change because the required consultation had not been carried out properly.

The original restriction therefore applies again.

An employer may use its own employees, managers or directly recruited temporary staff to maintain some operations, subject to employment, contractual, safety and regulatory requirements.

Minimum Service Levels

The Strikes (Minimum Service Levels) Act 2023 allowed regulations to require minimum levels of service during strikes in specified sectors.

It also allowed employers to issue work notices identifying employees required to work during industrial action.

That legislation was repealed when the Employment Rights Act 2025 received Royal Assent in December 2025.

The statutory work-notice system therefore no longer applies.

Unions and employers may still agree voluntary arrangements to protect life, safety or essential services during industrial action.

Picketing

Peaceful picketing can be lawful where workers or trade union representatives attend at or near their own workplace to communicate information or persuade others not to work.

Since 18 February 2026, unions are no longer legally required to appoint a formal picket supervisor.

Those taking part must still avoid:

• Violence
• Threats or intimidation
• Harassment
• Criminal damage
• Obstruction
• Conduct likely to cause serious disorder

The statutory code of practice on picketing remains relevant when considering whether the conduct was peaceful and lawful.

Can Employees Be Dismissed for Striking?

Employees taking part in properly organised, official and protected industrial action have legal protection against unfair dismissal.

The Employment Rights Act 2025 removed the former 12-week protected period. Protection against dismissal can now continue regardless of the length of the protected industrial action.

The action must still be officially organised, supported by a lawful ballot and connected with a genuine trade dispute between workers and their Employer.

Protection From Other Detrimental Treatment

Further protection against detrimental treatment for taking protected industrial action is due to take effect in October 2026.

Detriment can include treatment short of dismissal, such as removing opportunities, reducing hours or imposing another disadvantage because a worker took lawful industrial action.

The scope of protection will depend on the final regulations and the circumstances of the particular case.

Are Workers Paid During a Strike?

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

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

Pension contributions and some contractual benefits may also be affected.

Action Short of a Strike

Action short of a strike may include refusing overtime, declining voluntary duties or working strictly to the written contract.

An employer may accept the partial performance and make an appropriate deduction from pay. Alternatively, it may sometimes refuse to accept partial performance and withhold full pay.

The legal position depends on the contract, the duties withheld and the Employer’s response.

Can an Employer Challenge a Ballot?

An employer may apply to the court for an injunction where it believes the union has not complied with the statutory ballot or notice requirements.

The court may consider:

• Whether the correct members were balloted
• Whether the turnout and majority requirements were met
• Whether the Employer received proper notice
• Whether the proposed action matches the ballot
• Whether the dispute qualifies as a trade dispute

Minor and accidental errors will not necessarily invalidate a ballot where they were unlikely to affect the result, but this depends on their nature and scale.

Can Individual Workers Be Forced to Strike?

No. A successful ballot authorises the union to call industrial action, but each worker can decide whether to participate.

A union member who voted against action can still take part. Equally, a member who voted in favour can later decide to attend work.

Employers can ask workers whether they intend to participate, but workers are not normally legally required to give advance notice of their personal decision.

Can Non-Union Members Take Part?

Non-union employees within the relevant bargaining group may take part in official industrial action called by the union.

They may receive the same protection against dismissal as union members, provided the action is lawful and official.

A worker should obtain advice where there is uncertainty about whether they fall within the group covered by the ballot.

Secondary and Unofficial Action

Secondary action involves workers taking industrial action in support of employees involved in a dispute with a different employer.

This type of action is generally not protected by the statutory immunities.

Unofficial or "wildcat" action called without union authorisation also carries fewer legal protections and may expose employees to dismissal.

Resolving Disputes Without a Strike

Industrial action is often used after negotiation has failed, but employers and unions may continue discussions before and during a strike.

Acas can provide collective conciliation, in which an independent conciliator helps the parties:

• Clarify the issues
• Explore possible compromises
• Improve communication
• Develop settlement proposals

Conciliation is voluntary but can help prevent a dispute from becoming longer and more damaging.

Balancing Democratic Support and the Right to Strike

Requiring a ballot helps ensure that industrial action has support among the workers concerned.

However, strict turnout rules can prevent action even where a substantial majority of those voting support it. Postal-only balloting has also been criticised as outdated and less accessible for workers who move frequently, work remotely or have disabilities.

The introduction of secure electronic and workplace voting may improve participation while preserving ballot secrecy and democratic accountability.

The Current Position

As at July 2026:

• A 50% turnout is still required for an industrial action ballot
• A simple majority of votes cast must support the action
• The additional 40% public-service threshold has been abolished
• A successful ballot mandate normally lasts 12 months
• Unions generally need to give employers 10 days' notice
• The minimum-service-level legislation has been repealed
• Unions no longer need to appoint a statutory picket supervisor
• Agencies cannot supply workers specifically to replace lawful strikers
• Electronic and workplace balloting is expected to begin by the end of August 2026

The general turnout threshold is expected to be reviewed after electronic balloting has been introduced and may be removed by a future commencement order.

Obtaining Legal Advice

Industrial action law is technical, and 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, pay deductions or disciplinary action should also obtain advice promptly.

Workers should speak to their trade union or an employment law solicitor where they are unsure about dismissal protection, pay or whether proposed action is lawful.

Important Information

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal advice. Industrial action and trade union 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.