The Employment Rights Bill has now received Royal Assent and became the Employment Rights Act 2025 on 18 December 2025. The Act introduces a series of amendments and additions to existing employment legislation, including the Employment Rights Act 1996.

Importantly for employers, most of the changes will come into force during 2026 and 2027, meaning organisations should now be reviewing their workforce policies, operational planning, and risk exposure to ensure they are prepared — particularly in regulated sectors such as health and social care where workforce stability and compliance are critical.

What Has Already Changed

Removal of Minimum Service Level Rules (from 18 December 2025)
The previous rules allowing minimum service levels to be enforced during strike action have been repealed. These rules were designed to ensure certain services continued to operate during industrial action.

For health and social care providers, this increases the importance of robust contingency planning and workforce resilience strategies to maintain safe service delivery.

Key Changes from February 2026

Stronger Protection During Industrial Action

From 18 February 2026, employees dismissed for participating in lawful industrial action will be protected under automatic unfair dismissal provisions.

The previous 12-week limit on protection will be removed, significantly increasing legal risk where disciplinary or dismissal decisions relate to industrial action.

Trade Union Law Reforms

Also effective from 18 February 2026, several changes will make industrial action easier to organise:

• Notice period for industrial action reduced from 14 days to 10 days

• Ballots will require more votes in favour than against (removal of additional public sector thresholds)

• Picket supervisors will no longer be required

• Industrial action mandates extended from 6 months to 12 months

• Simplified ballot and notification requirements

• Changes to trade union political fund rules

For employers, this means reduced preparation time and an increased potential for prolonged or repeated industrial action.

What This Means for Health and Social Care Providers

The Employment Rights Act 2025 introduces changes that may directly affect:

• Workforce planning and contingency arrangements

• HR policies and staff handbooks

• Industrial relations and dispute management

• Organisational risk exposure and decision-making

For regulated services, workforce disruption or poor employment practice can impact service continuity, governance, and regulatory confidence. Early preparation is essential.

How HLTH Compliance Can Support You

At HLTH Compliance, we support health and social care organisations to ensure their employment practices are legally compliant, operationally robust, and aligned with regulatory expectations.

If you are unsure how the upcoming changes may affect your organisation — or would like your policies and workforce arrangements reviewed — you are welcome to book a complimentary call with our HR Director to discuss your situation and next steps.

Early advice can help you reduce risk, protect service delivery, and ensure your organisation is fully prepared for the changes ahead.

Contact us today to arrange your complimentary consultation.