In This Guide
Automatic Unfair Dismissal Protection Has Been Strengthened
Before 18 February 2026, protection against dismissal for taking part in lawful industrial action was limited to 12 weeks. After that period, protection could fall away.
That limit has now been removed.
There is no longer a fixed 12-week cut-off. If the real reason for dismissal is participation in lawful industrial action, the dismissal may now be automatically unfair regardless of how long the action lasted.
Key Change
The previous 12-week protection window has been abolished. Employees who take part in lawful industrial action are now protected from dismissal for the entire duration of the action.
Notice Period Reduced From 14 Days to 10 Days
Trade unions are now required to give only 10 days' notice before industrial action begins. Previously, the requirement was 14 days.
This change allows industrial action to proceed more quickly once a lawful ballot has taken place.
14 days' notice
10 days' notice
Ballot Threshold Rules Have Changed
Unions now only need more votes in favour than against industrial action. The additional public sector voting thresholds have been removed.
This simplifies the ballot process and lowers previous barriers in certain sectors.
Simpler Democratic Process
The removal of additional public sector thresholds means ballot procedures are now consistent across all sectors. A simple majority of votes cast is sufficient.
Industrial Action Mandates Now Last 12 Months
A successful ballot mandate will now remain valid for 12 months, rather than 6 months. This gives unions a longer period to rely on a ballot result without conducting a fresh vote.
6 months
12 months
Simplified Notice and Ballot Procedures
The rules governing industrial action notices and ballot processes have been simplified. Political fund rules have also been amended, affecting how unions administer and manage those funds.
Important: The Action Must Still Be Lawful
These protections apply only where the industrial action is lawful. That generally requires:
Warning
If these conditions are not met, protection may not apply. Each case depends on its facts.
What This Means for Employees
If you have been dismissed and believe the real reason was participation in lawful industrial action:
However, employers may present a different stated reason. The legal test focuses on the real reason for dismissal. Time limits for bringing a claim still apply.
"I was dismissed three months into a lawful dispute. Under the old rules, I would have still been protected — but knowing the 12-week limit has been completely removed gives me even more confidence in my case."
Michael, Birmingham
Industrial action dismissal
Unsure About Your Position?
If you are not certain whether your dismissal is linked to industrial action, or you do not fully understand your legal position, clarity is essential. Take Belonge's five-minute workplace rights assessment to understand your case.
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