The Employment Rights Bill will rewind some major industrial relations laws. The Strikes (Minimum Service Levels) Act 2023 is being scrapped, and protections against dismissal during strike action are being strengthened.
What’s changing?
1. Minimum service levels scrapped
Employers delivering “essential services”, like transport, health, and education, will no longer be able to issue “work notices” to require named staff to work through strike action to maintain minimum service levels.
2. Stronger unfair dismissal protections
Employees dismissed for taking part in official, lawful strike action will now be automatically protected, with no 12-week cut-off and no requirement for employers to show they tried to resolve the dispute.
3. Updated ballot notices
The notice given to union members on a ballot voting paper will need to be updated to reflect the expanded protection from dismissal.
When?
The changes will be immediate (subject to Royal Assent). We expect this to be October 2025.
Practical steps
Update contingency plans – if your organisation operates in a unionised or essential service sector, you’ll want to update your industrial action contingency plans. You won’t be able to fall back on minimum service levels once these changes take effect.
Increased dismissal risks – once in force, employees taking official strike action will have much broader protection from dismissal, so approach any related disciplinary decisions with caution.
Need help keeping your People Team on top of all the ERB changes? Our annual People Team Training could be the solution – find out more.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
