Industrial action

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Industrial action is integral to the collective bargaining process. It can be initiated by employers (in the form of a lockout), or by workers through their union, usually in the form of a strike. Industrial action, or the threat of industrial action, is part of the leverage that one side exercises on the other in the negotiation to secure a deal. In this context, it is a mechanism for resolving disputes of interest.

Industrial action is also used to resolve disputes of rights.

It often represents the final stage of an industrial dispute between an employer and workers where other measures have failed in securing agreement to a collective trade dispute.

The Employment Rights Act 2025 (ERA 2025) introduced a host of changes to the law governing industrial action. The changes took effect on a phased basis, beginning from 18 December 2025 with most changes coming into force from 18 February 2026. For further information, see: Employment Rights Act 2025—tracker.

A strike is defined in section 246 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) as any concerted

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Latest Employment News

Employment weekly highlights—5 March 2026

This edition of Employment weekly highlights includes: (1) consultations on protection from detriments for taking industrial action and the threshold for triggering collective redundancy obligations, (2) a response to the government’s consultation on unpaid internships, (3) an EAT case examining the respective weight to be given to individual and group disadvantage in indirect discrimination claims, (4) an EAT decision setting out guidance for employment judges dealing with reconsideration applications, (5) an EAT decision to grant a restriction of proceedings order against a vexatious litigant with over 50 claims, (6) a new Practice Note on bereaved partner’s paternity leave (BPPL), a new Precedent Solicitor apprenticeship agreement and an update to our paternity leave policy in relation to BPPL, (7) upcoming dates for your diary, and (8) other news items of interest to employment practitioners.

Office for Equality and Opportunity publishes equality action plan guidance and recommended actions

The Office for Equality and Opportunity has published guidance on equality action plans as well as a list of evidence-informed actions across various business objectives which may be included in the action plans. The Employment Rights Act 2025 introduces a new requirement on larger employers (250 or more employees, or public authorities) to publish an equality action plan alongside their gender pay gap data showing the steps adopted with regard to matters related to gender equality in their workforce. The requirement is set to be introduced on a voluntary basis from 6 April 2026 but will become mandatory from spring 2027. The guidance and the list of actions are designed to assist those employers who wish to implement the action plans in getting started.

FTSE Women Leaders Review publishes 2026 report on gender in UK corporate leadership

The FTSE Women Leaders Review has published its 2026 report, outlining progress in advancing gender balance across FTSE 350 companies and 50 of the UK’s largest private companies during 2025. The report confirms that women now hold 42.7% of board positions and 35.9% of leadership roles within the FTSE 350, with 69% of companies meeting or exceeding the 40% target for women on boards. Across the 50 largest private companies, women occupy 30.1% of board roles and 37.1% of leadership positions.

OfDIA preleases supplementary code for digital right to work checks

The Office for Digital Identities and Attributes (OfDIA) and the Department for Science, Innovation and Technology (DSIT) have released a preliminary version of the supplementary code for digital right to work (RtW) checks. The code sets out the requirements for digital verification services (DVS) that conduct RtW checks for holders of British and Irish passports or Irish passport cards.

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