UK industrial action reform: workers gain new detriment protection

From 30 October 2026, employers managing lawful industrial action will face a broader risk of claims if workers are subjected to detriment for taking part. Care will be needed when taking steps that affect those workers.

The Employment Rights Act 2025 reforms respond to the Supreme Court’s decision in Mercer, which exposed a gap in TULRCA. Workers were not protected from detriment short of dismissal for taking part in lawful industrial action – a gap the court said was incompatible with Article 11 of the European Convention on Human Rights.

What is planned?

The ERA 2025 creates a new statutory right for workers not to suffer detriment for taking part in protected industrial action. Following consultation, the Government has published draft regulations which take a broad approach, covering all detriments rather than a prescribed list.

The new protection is broad but not unlimited. Workers cannot be subjected to detriment for the sole or main purpose of preventing or deterring them from taking protected industrial action, or of penalising them for doing so. A proportionate deduction from a worker’s pay for time spent on industrial action will not amount to a detriment. 

What does this mean in practice?

Employers should still be free to make legitimate operational decisions, but they will need to be able to explain why. A clear, contemporaneous paper trail showing genuine business reasons, with no intent to deter or penalise participation in industrial action, will be important.

Compensation for a detriment claim is uncapped, assessed on a just and equitable basis, and can include an award for injury to feelings. Where relevant, the draft regulations also provide for awards to be adjusted by up to 25% where either party has unreasonably failed to follow the Acas Code of Practice on Disciplinary and Grievance Procedures.

Dismissal is treated separately. Under amended TULRCA, from 18 February 2026, dismissal of an employee for participating in protected industrial action will be automatically unfair and will no longer be linked to the 12-week protected period.

How does this fit with the wider industrial relations reforms?

The new detriment protection is one element of the wider industrial relations reform programme, alongside strengthened dismissal protection and the planned expansion of blacklisting protections in 2027.

Together with reforms to trade union recognition, workplace access and industrial action processes, these changes represent a significant shift in the UK labour relations landscape. While the new detriment protection will be most relevant to employers with recognised unions or significant union membership, others should also be alert to it where industrial action may arise.

What should employers do now?

Practical steps employers can take now include:

• Train managers and HR teams on the new protection and the need to separate operational decisions from industrial action.
• Keep a clear paper trail for decisions affecting workers who have taken, or are taking, industrial action.
• Take care with communications and management decisions during and after industrial action.

For wider practical steps on managing industrial action risk, see our earlier blog: Striking changes: UK industrial action reform. For a full overview of the industrial relations reforms and practical resources, visit our hub: UK industrial relations reforms: what employers need to know.
 

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