The New Striking Laws: What Small Businesses Need to Know

If you have been keeping an eye on the news today, you will know that the UK employment landscape has just had its biggest shake-up in a generation. The Employment Rights Act 2025 is officially starting to roll out, and for small business owners, the changes to industrial action are the first to land. We have broken down exactly what has changed today so you can stay ahead of the curve.
Repealing the Trade Union Act 2016
Today marks the removal of most of the 2016 rules that placed strict administrative hurdles on trade unions. Many of the requirements that unions had to follow to make a strike legal have been scrapped to simplify the process. It is now much easier for unions to organise. The government has removed the requirement for a “picket supervisor” to be present at a picket line, and they have also lowered the thresholds needed for a vote to pass.
Removal of the 10-Year Political Fund Ballot
Previously, trade unions had to ask their members every 10 years if they wanted to keep a “political fund” (the money they use for campaigning). As of today, that 10-year rule has been binned. Unions no longer have to spend time and money re-voting on whether they can have a political fund. Once it is there, it stays there until the union itself decides otherwise. It is one less piece of admin for them and one less vote for members to worry about.
Simplified Industrial Action Notices
When a union wants to hold a ballot or start a strike, they have to give the employer notice. These notices used to be incredibly detailed, often requiring specific numbers and categories of staff. Those requirements have been significantly simplified today. Unions no longer need to provide such data to you before a strike. The “technicality” traps that employers used to use to challenge a strike in court are largely gone, so the focus now needs to be on resolving the dispute rather than finding errors in the paperwork.
Stronger Protections Against Dismissal
Before today, employees only had a 12-week “protected period” when taking part in legal industrial action. From today, that 12-week limit is gone. Dismissing an employee for taking part in legal strike action is now “automatically unfair” regardless of how long the strike lasts. You cannot fire someone for being on a legal strike, no matter if it lasts two days or two months. This protection applies to anyone joining a strike that starts from today onwards.
What does this mean for your business?
For a small business, “compliance” can feel like a heavy word, but today is about shifting your strategy from being reactive to being proactive. Because the legal “technicalities” that used to delay or stop industrial action are being removed, you cannot rely on paperwork errors to protect your operations anymore. Here are three things you can do this week to stay ahead.
Review your internal communication
Now is the time to check if you have a clear way for staff to raise concerns before they escalate. Small businesses have the advantage of being close to their teams; use that. Whether it is a formal “Employee Voice” forum or a regular open-door session, make sure people feel they can talk to you directly rather than looking elsewhere for support.
Update your contingency plans
With the notice period for a strike dropping from 14 days to 10, your window to react has shrunk. Take a look at your rotas and essential tasks. If a key group of staff were unavailable for a few days, do you have a plan to keep the lights on?
Train your managers
If you have people who manage others, they are your first line of defence. Ensure they know that as of today, dismissing someone for taking part in a strike is “automatically unfair.” A quick briefing can prevent a heat-of-the-moment mistake that could lead to a costly tribunal claim.
The goal isn’t to prepare for a “battle,” but to build a workplace where a battle isn’t necessary. By focusing on resolution and negotiation early on, you can navigate these changes without it disrupting the business you’ve worked so hard to build. If these changes feel overwhelming or you are worried about how a union presence might affect your workplace, let’s talk. We can help you understand your new obligations and make sure your internal policies reflect the law as it stands today.
