UK employment law changes take effect, easing industrial action at Nintendo

The first tranche of Employment Rights Act 2025 reforms began on 18 February 2026, repealing the Strikes (Minimum Service Levels) Act 2023 regime and removing the 40% support threshold for important public services ballots, changes that “make industrial action easier to trigger and harder to disrupt under the new rules,” according to Anne Morris of employer advisory firm Davidsonmorris. For employers with recognised unions, active employee forums or any realistic prospect of future unionisation, Davidsonmorris warns that risk exposure will expand as a direct result.

The regulations also shorten and simplify the mechanics of ballots and notices. The ERA shortens the required employer notice for industrial action from 14 days to 10 days, extends ballot validity from six months to 12 months, increases mandates for industrial action to 12 months and removes the requirement for unions to tell employers in advance how many workers in each role may strike, the TUC documents state. CMS Law-Now summarised these changes on 18/02/2026 and noted the ERA “simplifies industrial action and ballot notices” and removes the statutory requirement to appoint a picketing supervisor.

Dismissal protection has been beefed up for action begun after the February commencement. Freshfields notes that Section 77 of the ERA “removes the 12-week cap on automatic protection from unfair dismissal for employees taking part in industrial action. From 18 February 2026, this enhanced protection will apply irrespective of the length of the industrial action, but only to industrial action begun on or after that date.” Freshfields cautions that “employers must exercise caution when dismissing employees participating in industrial action to avoid claims for automatic unfair dismissal.”

Transitional arrangements are set out in the Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026, which govern how ongoing ballots and notices issued before 18 February 2026 are treated, Davidsonmorris and CMS explain. CIPD, in a 26 January 2026 briefing, warned HR professionals that commencement regulations were being laid in January and urged immediate review of policies, systems and training because significant trade union reforms would start on 18 February 2026.

Public-sector specifics landed alongside the ballot and dismissal changes. Freshfields lists additional February measures affecting trade union political funds, facility time and check-off in the public sector, while the TUC highlights that draft revised codes of practice on picketing and industrial action ballots are on GOV.UK. The TUC also notes a separate parental leave change coming on 6 April 2026, under which employees will be eligible for parental leave from the first day of employment and parents who become eligible on 6 April can give notice from 18 February.

Legal and HR advisers framed practical next steps. Davidsonmorris emphasises that “early engagement and defensible decision-making are now the primary risk controls.” Employers seeking advice can contact Davidsonmorris on 02074940118. CMS lists Hannah Netherton, Partner London, tel://+442070673634; Val Dougan, Senior Knowledge Counsel Glasgow, tel +44(0)1413046096; and Eric Gilligan, Of Counsel Aberdeen, +441224261028. For multinational employers with UK operations, including Nintendo’s UK presence, the consolidated effect of repeal of minimum service levels, the 40% IPS removal, shortened notice and stronger dismissal protections means industrial relations strategy, contingency planning and suspension or redundancy decision protocols should be reviewed and updated immediately in line with the ERA changes.