On 18 February 2026, a crucial tranche of reforms under the Employment Rights Act 2025 came into effect, primarily focused on trade union law and industrial action procedures. These changes mark the first major implementation milestone of the Act’s phased rollout across 2026-2027.

Trade Union and Industrial Action reform

The most significant focus of the commencement regulations that took effect on 18 February 2026 is the modernisation of industrial action law. The legislation repeals many of the restrictive provisions, replacing them with a simplified and more flexible framework.

HR teams should take immediate steps to update industrial action procedures, including ballot handling and response protocols. You will need to adjust internal communications and notice processes to reflect shorter notice periods and reduced informational burdens on unions.

Legal risk around dismissals during strike action has increased, dismissals connected to protected industrial action should be considered high risk irrespective of duration. Transitional rules mean careful attention is necessary where notices, ballots or action started before 18 February 2026, the old regime may still apply in those cases.

Whilst the headlines will focus on the Trade Union changes, there are also limited preparatory steps for other employees that will take full effect later in 2026.

• From 18 February 2026, employees who will be eligible for paternity leave or ordinary paternity leave from 6 April 2026 can already give advance notice of their intention to take such leave once the rights formally come into force.

• The statutory notice period for paternity leave (normally 15 weeks) is temporarily reduced to 28 days during this transition.

When is the next key date?

6 April 2026 is the next major implementation date.

• SSP reform – the lower earnings limit for SSP eligibility and the removal of the 3 waiting days before SSP becomes payable. If you haven’t already you should review and revise your sickness absence policies.

• Day-One family leave rights – Day 1 right to paternity leave and unpaid parental leave.

• Protective award increase – Where collective redundancy consultation obligations are breached, the maximum protective award doubles. If this is on the horizon it is vital that staff are aware and trained to deal with these situations.

• Sexual harassment whistleblowing protection – This will now qualify for protection from detriment and unfair dismissal. With this such a prevalent subject it is vital that your staff are fully aware of what sexual harassment is, and as an employer your responsibility and potential exposure if you haven’t taken proactive and preventative steps to prevent sexual harassment in the workplace.

We appreciate that for most employers, keeping pace with significant legislative reform sits alongside the pressures of the day job. The changes that took effect on 18 February are only the first phase of a wider programme of reform that will continue throughout 2026 and into 2027. The key message is simple: early planning reduces risk.

Reviewing policies, training managers and stress-testing internal procedures now will place you in a far stronger position as the next wave of reforms takes effect in April. If you would like support in auditing your current approach or preparing for what’s coming next, our team would be very happy to help.

Please do not hesitate to get in touch with your day to day CG contact or email us at employment@cgprofessional.co.uk

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