The UK Government has brought into effect a revised statutory Code of Practice on Industrial Action Ballots and Notice to Employers. Issued under section 205 of the Trade Union and Labour Relations (Consolidation) Act 1992, it applies across England, Scotland and Wales and supersedes the 2017 version. The Department for Business and Trade (DBT) updated the code on 5 March 2026. (gov.uk)
The revision aligns the code with trade union measures enacted by the Employment Rights Act 2025. DBT’s explanatory memorandum sets out the principal changes: a 12‑month mandate for industrial action, a 10‑day minimum notice period for action, simpler information requirements for certain notices and ballot papers, and removal of the 40% support threshold for important public services. It also confirms the 50% turnout rule will be repealed on commencement of the relevant provision, not yet in force. (gov.uk)
Employer notice before a ballot is unchanged in timing but simplified in content. Unions must still give at least seven days’ notice before the ballot opens, but the notice now focuses on three elements: the categories of workers, their workplaces, and the total number of workers to be balloted. The code defines the “opening day” as the first day a voting paper is sent to any voter. (assets.publishing.service.gov.uk)
Voting papers have been rationalised. The requirements to summarise the dispute, indicate types of industrial action short of a strike, and set out expected time periods have been removed. The code provides an example voting paper and reiterates scrutineer obligations for ballots involving more than 50 voters. (gov.uk)
Post‑ballot information duties are maintained with adjustments flagged for future commencement. Unions must notify members and employers of votes cast, votes for and against, and spoiled papers; some elements such as confirming whether the turnout threshold was met will fall away once the repeal of the 50% turnout rule is commenced. (assets.publishing.service.gov.uk)
The mandate period for taking protected industrial action now lasts 12 months from the date the ballot closes, replacing the previous six‑month limit. The code explains the limited circumstances in which a court may extend effectiveness where an injunction or undertaking prevented action during the mandate, and confirms the legal definition of the “date of the ballot”. (assets.publishing.service.gov.uk)
The minimum notice to employers of intended industrial action is now 10 days. The notice must state whether action is continuous or discontinuous and include specified information about affected employees and workplaces, with alternative arrangements where deductions of contributions at source apply. (assets.publishing.service.gov.uk)
Transitional and saving provisions accompany commencement. In summary, the revised code does not apply to ballots opened before 5 March 2026 where questions arise under sections 226, 229, 231 or 234 of the 1992 Act; to ballots where a union had already complied with pre‑18 February 2026 requirements for providing a sample voting paper to the employer; or to industrial action where the employer received a relevant notice before 5 March 2026. For these purposes a ballot is “opened” on the first day a voting paper is sent, and DBT guidance provides worked examples around the 18 February 2026 changeover. (assets.publishing.service.gov.uk)
Legal status is unchanged: failure to observe the code does not, by itself, give rise to liability. However, under section 207 of the 1992 Act, tribunals and courts must take the code into account where relevant, meaning compliance remains a practical benchmark for unions and employers in any subsequent litigation. (assets.publishing.service.gov.uk)