The UK Government has brought the revised Code of Practice on Picketing into effect across Great Britain. Using powers in section 205(4) of the Trade Union and Labour Relations (Consolidation) Act 1992, ministers made the Code of Practice (Picketing) Order 2026 to commence the updated code on 5 March 2026. (gov.uk)
The Department for Business and Trade laid the draft revised code and its explanatory memorandum before both Houses on 7 January 2026. Neither House resolved within the 40‑day period to halt further proceedings, allowing the Order to be made and the code to be issued. (gov.uk)
DBT’s memorandum confirms the revision is consequential on the Employment Rights Act 2025. The code is updated to reflect amendments to section 219 of the 1992 Act on protection from certain tort liabilities, and to remove references made redundant by the repeal of sections 220A and 234E. (gov.uk)
The memorandum also records two material effects of the 2025 Act for industrial action practice: employers can no longer impose work notices for minimum service levels during strikes, and the Strikes (Minimum Service Levels) Act 2023 has been repealed. The revised code therefore omits the former minimum service level provisions. (gov.uk)
The requirement for trade unions to appoint a picket supervisor-introduced by the Trade Union Act 2016 and inserted as section 220A into the 1992 Act-has been repealed. Earlier code editions in 2017 and 2024 reflected that supervisor model; the 2026 revision removes it in line with primary legislation. (gov.uk)
The code provides practical guidance and does not itself create legal obligations. Statute provides that its provisions are admissible in evidence and may be taken into account by courts, employment tribunals and the Central Arbitration Committee where relevant. (assets.publishing.service.gov.uk)
The timing is designed to align with commencement of the relevant parts of the 2025 Act on 18 February 2026. Government withdrew the draft materials and published the updated code on 5 March 2026 once the Order took effect. (gov.uk)
For trade unions, the removal of the supervisor model reduces formalities but does not dilute the underlying legal tests. Peaceful picketing remains lawful when undertaken at or near a worker’s own place of work and only in contemplation or furtherance of a trade dispute-conditions linked to the statutory tort immunities in section 219. (assets.publishing.service.gov.uk)
For employers, the end of statutory work notices means continuity planning must assume no minimum service level mandates during strikes. Engagement, site management and escalation routes should be reviewed within that framework, noting that work notices can no longer be imposed as a legal mechanism. (gov.uk)
DBT states that the 2026 revision is a consequential update to match primary legislation and to remove obsolete passages, and no separate impact assessment has been produced for the revised code or the Order. Impact assessments for the Employment Rights Act 2025 are published separately on GOV.UK and via Parliament’s bill publications. (gov.uk)
The updated Code of Practice on Picketing and the accompanying explanatory memorandum are available on GOV.UK. Parliamentary business papers confirm that the draft code and memorandum were laid at the start of January 2026 ahead of the 40‑day period. (gov.uk)