Employers may previously have been familiar with the rules concerning minimum service levels during industrial action.
The Strikes (Minimum Service Levels) Act 2023 was repealed with effect from 18 December 2025 under the Employment Rights Act 2025. As a result, employers no longer have the statutory power to issue work notices or compel employees to work during lawful industrial action. There is no longer any legal mechanism by which employers can require employees to attend work during a lawful strike.
What the Previous Framework Allowed
The Strikes (Minimum Service Levels) Act 2023 established a framework allowing the government to set minimum service levels in certain sectors during industrial actions. When regulations were in place, employers could issue a “work notice” to trade unions, specifying which employees needed to work to maintain these service levels.
Employees named in a valid work notice and who failed to comply could lose protection against unfair dismissal. Additionally, trade unions were required to take reasonable measures to ensure their members’ compliance; failure to do so could lead to the loss of statutory immunity from tort claims.
What Changed from 18 December 2025
The Strikes (Minimum Service Levels) Act 2023 was repealed with effect from 18 December 2025 under the Employment Rights Act 2025.
As a result, employers can no longer issue work notices or compel employees to work during lawful industrial action, and all minimum service level regulations have ceased to have effect.
Protection from Dismissal
From 18 February 2026, dismissal of an employee for participating in lawful industrial action is automatically considered unfair. This protection applies from day one of employment, with no qualifying service requirement.
Employers should exercise extreme caution before taking any disciplinary or dismissal action connected to industrial action and should seek appropriate legal advice where necessary.
What This Means for Employers in Practice
The practical implications for employers are as follows:
- Employers cannot issue work notices
- Employers cannot compel employees to work during lawful industrial action
- Dismissal of an employee for participating in lawful industrial action is automatically unfair
In addition, the Employment Rights Act 2025 introduced wider changes to trade union law:
- The minimum notice period for industrial action has been reduced from 14 days to 10 days
- Industrial action mandates now remain valid for 12 months
- The requirement for a 40% support threshold in certain public services has been removed; a simple majority of votes cast is sufficient
- Electronic balloting is expected to be introduced, subject to implementation
Recommended Actions
To ensure compliance and mitigate risk, employers should take the following steps:
Review and Update Policies and Contracts
Employers are encouraged to review all pertinent HR policies, procedures, and employment contracts to confirm their compliance with current legal standards. References to minimum service levels or work notices should be removed. Additionally, it is prudent to update policies concerning industrial action, disciplinary procedures, and absence management to ensure alignment with recent legislative developments.
Train Line Managers and HR Personnel
Line managers and HR personnel should be adequately briefed on the updates derived from the Employment Rights Act 2025. This encompasses comprehending the limits of employer conduct during lawful industrial action and guaranteeing that responses are compliant and proportionate.
Maintain Appropriate Employee and Trade Union Engagement
Employers are advised to maintain open and constructive communication with employees and recognised trade unions. It is recommended to initiate engagement at an early stage if industrial action is anticipated, and to provide transparent updates regarding operational arrangements and business continuity plans.
Seek Legal Advice Before Taking Action
Employers are advised to seek appropriate legal counsel before initiating disciplinary action or considering dismissals related to strikes. Given that dismissals under these circumstances are now presumed to be automatically unfair, improper handling of such cases may increase the likelihood of employment tribunal claims.
How The Infinity Group Can Help
At The Infinity Group, our services go beyond payroll to include keeping clients updated on important employment law and regulatory changes that could affect their business.
We provide information on legislative updates, including reforms related to industrial action and employee rights, and clarify how these changes affect employer responsibilities.
Our aim is to support businesses in maintaining compliance and understanding the potential impact on their operations.