UK Labor Law Quarterly Update

News round-up

• Industrial action changes implemented on 18 February 2026
• The latest position on additional labor law changes in 2026 and 2027
• Acas consults on updating the time off Code of Practice

UK labor case law

• MN v NHS Foundation Trust: The contractual status of collective agreements 

News round-up

Industrial action changes implemented on 18 February 2026

The latest position on additional labor law changes in 2026 and 2027

In addition to industrial action changes, outlined above, the Employment Rights Act 2025 will introduce the following labor law changes, according to anticipated government timelines:

6 April 2026

• changes to the legal procedure that applies when a trade union seeks statutory recognition by an employer, including: no longer requiring that a union can evidence that it is likely to have majority support from the bargaining unit in order to access the legal process and removing the 40% support threshold in applications where a ballot is ordered. Transitional arrangements apply, for example, in broad terms the admissibility changes do not apply to applications received by the Central Arbitration Committee before 6 April (however, specific advice should be taken on an employer’s individual circumstances)
• a doubling of the maximum protective award for a failure to comply with collective redundancy consultation obligations, to 180 days’ pay, for dismissals taking effect on or after 6 April

October 2026

• a new right for trade unions to request, negotiate and enforce workplace access to physical workplaces and communication systems (including digital tools) to allow union officials  to meet, support, represent, recruit or organise workers and to facilitate collective bargaining
• new employer duty to inform workers of their right to join a union upon commencement of employment and periodically thereafter
• an expansion of rights for trade union representatives, including: strengthening time off rights as well as introducing a new time off right for trade union equality representatives
• changes to unfair practices rules which apply during the trade union recognition process

2027

• changes strengthen protection against trade union blacklisting, permit electronic and workplace balloting for statutory recognition ballots and introduce further changes to industrial relations regulation (such changes to be clarified in consultations)
• a new threshold for triggering collective redundancy consultation: the trigger will be either 20 or more employees at one establishment, or, in a case where employees are being made redundant at more than one establishment, a higher number – that number to be determined

Over the last two months, the government has published the following labor law consultations providing further details on: updating the Code of Practice on Access and Unfair Practices during Recognition and Derecognition Ballots; on setting the new threshold for triggering collective redundancy obligations; and on protections from detriment for taking industrial action.

For all employment law changes in the Act, read our tracker.

Acas consults on updating the time off Code of Practice

In January 2026, Acas published a consultation on its new draft Code of Practice on Time off for Trade union Duties and Activities. It has been updated to reflect the new time off rights in the Employment Rights Act 2025. Employers should review the finalised version, when available, and update their time off agreements and practices, as appropriate. The Code is taken into account by employment tribunals in relevant cases.

UK labor case law

MN v NHS Foundation Trust: The contractual status of collective agreements

A collective agreement is not usually legally binding but, where apt for incorporation, terms agreed under the collective agreement may be incorporated into the individual contract of employment and be contractually enforceable. Case law sets out a summary of different indicators which are relevant when determining whether a term in a collective agreement is apt for incorporation. These include:

• the importance of the provision to the contractual working relationship between the employer and employee (the more important, the more likely it was intended to be contractual)
• the level of detail (too much practical detail may not be apt for incorporation) 
• the certainty of what the provision requires (e.g. not too vague)
• the context of the provision (such as where it is included among other contractual provisions)
• whether the provision is workable (e.g. makes business sense) 

In Dr MN v NHS Foundation Trust, the employer agreed to follow a policy in a collective agreement governing concerns about conduct and performance. The employee’s contract stated that disciplinary and capability matters would be handled using procedures consistent with that policy. The Court of Appeal confirmed that an obligation in the policy was apt for incorporation, meaning that the employer’s non-compliance breached the employee’s contract. This case provides helpful guidance on how the courts approach disputes over the contractual status of terms in collective agreements.

Employment law is a devolved matter in Northern Ireland and the issues set out above may not all apply in NI. For NI specific advice contact our Belfast office.