February 18, 2026: Industrial action dismissals are now automatically unfair — what employers must know

The 12-week protection limit for striking workers is gone. If you dismiss someone for taking part in lawful industrial action, it is now automatically unfair — no matter how long the action lasts.

What has changed?

From 18 February 2026, dismissing an employee for taking part in lawful industrial action is automatically unfair. This is one of the first big changes brought in by the Employment Rights Act 2025, which became law on 18 December 2025.

Until now, employers had a 12-week window. If an employee went on strike as part of a properly organised ballot, they were protected from dismissal for the first 12 weeks only. After that, employers could dismiss them without it being classed as automatically unfair, as long as they had taken reasonable steps to resolve the dispute.

That 12-week limit is now gone. Under the new rules, employees who take part in protected industrial action cannot be fairly dismissed for doing so, no matter how long the action goes on.

This change applies to any industrial action begun by the employee on or after 18 February 2026. If the action started before that date, the old 12-week rules still apply.

What counts as protected industrial action?

Not all strikes or walkouts are protected. For industrial action to be protected, it must meet certain conditions:

• It must be called as a result of a properly organised ballot
• It must be about a genuine dispute between the workers and their employer, such as a disagreement over pay or conditions
• The employer must receive the required notice before the action begins (this has been reduced from 14 days to 10 days from 18 February 2026)

If the industrial action does not meet these conditions, it is not protected and the usual dismissal rules apply.

What else changed on 18 February 2026?

The dismissal protection change is just one part of a bigger package of trade union reforms that came into force on the same date. Here is the full picture.

Dismissal protection for strikers

Before: Protected for the first 12 weeks of industrial action only

Now: Protected for the entire length of industrial action, with no time limit

Notice period for industrial action

Before: 14 days’ notice required

Now: 10 days’ notice required

Industrial action ballot mandate

Before: Valid for 6 months

Now: Valid for 12 months

Picketing supervisor

Before: Required by law

Now: No longer required

Ballot threshold for public services

Before: 40% support threshold for key public services

Now: Simple majority only (more votes for than against)

Political fund opt-in

Before: New members opted out by default

Now: New members automatically opted in (can opt out)

Taken together, these changes make it easier for trade unions to organise industrial action, harder for employers to bring disputes to a head, and riskier for employers who respond to strikes by dismissing staff.

Why this matters for employers

The removal of the 12-week limit is a significant shift in the balance of power during industrial disputes. Here is what it means in practice.

• You cannot use dismissal as a bargaining tool. Previously, some employers relied on the 12-week cut-off as a way to put pressure on striking workers. That option is no longer available. If you dismiss someone for taking part in protected industrial action at any point, you face an automatically unfair dismissal claim.
• There is no cap on compensation. The Employment Rights Act 2025 also removes the cap on the compensatory award for unfair dismissal (from January 2027). Combined with the automatic unfairness of dismissing strikers, this could expose employers to very large payouts.
• You have less time to prepare. The notice period for industrial action has dropped from 14 days to 10 days. Unions also need to provide less detail in their ballot notices. This means you will have less time and less information to prepare your response.
• Disputes may last longer. Industrial action ballots are now valid for 12 months instead of six. This means unions can keep the threat of action alive for longer without needing to hold a fresh ballot.

These protections also continue to apply after the industrial action has ended. An employer cannot dismiss someone after a strike in retaliation for their having taken part.

What employers should do now

Even if your workplace is not currently unionised, these changes affect all employers. Here are the steps you should take.

Review your employee relations approach

• Look at how you currently handle disputes and disagreements with staff
• Make sure you have clear channels for staff to raise concerns before issues escalate
• If you recognise a trade union, review your existing agreements and procedures

Update your policies and training

• Review your disciplinary and dismissal procedures to make sure they account for the new rules
• Train managers and HR staff so they understand that dismissing someone for taking part in protected industrial action is now automatically unfair, regardless of how long the action lasts
• Make sure managers know not to take any action that could be seen as a punishment for striking, such as withholding opportunities or changing duties

Strengthen your communication

• Build direct communication channels with your workforce so employees feel heard without needing to resort to industrial action
• If a dispute arises, focus on resolving it through dialogue rather than waiting for the 12-week window to pass, as that window no longer exists
• Consider using Acas early conciliation services to help settle disputes before they escalate

Plan for business continuity

• With shorter notice periods (10 days instead of 14), make sure you have a business continuity plan in place
• Identify which roles are essential and how you would keep things running during a period of industrial action
• Remember that you cannot bring in agency workers to cover for striking staff in most cases

Get legal advice early

• If you are facing a potential dispute or are thinking about how to respond to industrial action, speak to an employment solicitor before taking any steps
• The risks of getting this wrong are now much higher than before

The 18 February changes are part of a much bigger programme of reform under the Employment Rights Act 2025. Here is what is coming up next.

• April 2026: Paternity leave and unpaid parental leave become day-one rights. Statutory Sick Pay changes take effect. The Fair Work Agency launches. Trade union recognition processes are simplified.
• October 2026: Employers must take “all reasonable steps” to prevent sexual harassment, including from third parties. Tipping law tightened. Workers gain stronger protection against detriment for taking industrial action. Trade unions get new rights of access to workplaces.
• January 2027: The unfair dismissal qualifying period drops from two years to six months. The compensation cap is removed. Fire and rehire practices are heavily restricted.

For a full breakdown of every change and what you need to do, read our complete guide: The Employment Rights Act 2025: Your employer compliance checklist for 2026.