Employment Rights Act 2025

Any ‘detriment’ suffered by striking workers will be prohibited under reforms in the Employment Rights Act 2025.

The Employment Rights Act 2025 introduces s. 236A into the Trade Union and Labour Relations (Consolidation) Act 1992, prohibiting the use of ‘detriments of a prescribed description’ for the sole or main purpose of deterring, preventing or penalising a worker from taking part in official industrial action. The aim is to bring the relevant provisions into force in October 2026.

Following a consultation in early 2026, the government has confirmed that it will prohibit all detriments that workers may face when they go on strike or take other forms of industrial action. The consultation had suggested two options: prohibiting all detriments or creating a list of detriments which employers could not impose - it’s now opted for the former approach.

The response to the consultation also confirms that the government will not be changing the long-established rules on workers not being entitled to be paid for time that they spend on strike.

The government will also add s. 236A claims to the list of those claims in Sch. A2 of the Trade Union and Labour Relations (Consolidation) Act 1992 for which a tribunal uplift of 25% can be awarded. This means that if a claim was brought by an individual claiming that they had experienced a detriment for taking industrial action, if the employer had unreasonably failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures where it applied, the amount the employer would have to pay in awards for a successful claim can be increased by up to 25%. If the employee had unreasonably failed to follow the code, the award can be reduced by up to 25%.