UK code on industrial action ballots starts 5 March 2026

Two dates matter if you’re teaching, revising or organising around strikes in Great Britain: 18 February 2026 and 5 March 2026. The first is when parts of the Employment Rights Act 2025 took effect. The second is when the government’s revised Code of Practice on Industrial Action Ballots and Notice to Employers came into force and replaced the 2017 code. The Department for Business and Trade (DBT) says the updated code applies in England, Scotland and Wales and was last updated on 5 March 2026. (gov.uk)

So what’s the difference between the law and the code? The law changed on 18 February. The code is official guidance that helps you apply that law; it doesn’t create new legal duties but it can be used as evidence in tribunals and courts. The March 2026 code itself spells this out under “Legal status”, and GOV.UK confirms the 5 March publication date. Think of 18 February as when rules shifted, and 5 March as when the new study guide arrived. (assets.publishing.service.gov.uk)

Here are the headline legal shifts that DBT set out when consulting Parliament on the revised code. A union’s mandate from a lawful ballot now lasts up to 12 months instead of 6; the minimum notice to employers before taking industrial action is 10 days rather than 14; the special 40% “important public services” support threshold has been removed; and the current 50% turnout threshold is due to be repealed but only once a further commencement order is made. These points come directly from the government’s explanatory memorandum. (gov.uk)

You’ll see the term “ballot opened” used a lot. For timeline questions, opened means the first day a voting paper is sent to anyone entitled to vote. That definition is used in the new code when it explains ballot notices and the “intended opening day”. It also sits behind the government’s transition guidance and law-firm explainers teachers often use in class. If you sent papers out on 17 February, that ballot is treated as opened before the law changed. (assets.publishing.service.gov.uk)

Classroom example: a ballot in an “important public services” sector opens on 17 February and closes in early March. Because it opened before 18 February, the old thresholds still apply to that ballot even though the count is in March. That example appears in the government’s own transition note, which is designed to clear up exactly this kind of confusion. (gov.uk)

Notices to employers follow a clear split. From 18 February, the default notice before action is 10 days. But if an employer received a notice before 18 February, the old 14‑day (or 7‑day by agreement) rule continues to govern that action. This is spelled out in the government’s transition guidance so you can map live disputes correctly. (gov.uk)

Q: Does my mandate now last a year? A: If the law applying to your ballot is the post‑18 February regime, yes-12 months from the date of the ballot, with “date of the ballot” defined for this purpose as the last day on which votes may be cast. The government’s transition page explains this directly and is a useful primary classroom source. (gov.uk)

Q: What if I sent an employer a sample voting paper before 18 February? A: There’s a safeguard. Several reputable explainers note that where a sample was supplied before 18 February under section 226A, the actual voting paper must align with that sample even if the ballot opens later. Teachers can use this to discuss how transitional rules protect steps already taken. (tlt.com)

Q: What changed on the voting paper and result announcements? A: From 18 February, the law no longer requires unions to include a dispute summary, expected dates of action, or specified types of action on the voting paper, and some information given to members after the ballot has been simplified. The explanatory memorandum also confirms that repeal of the 50% turnout reporting requirement will only bite once the Secretary of State brings that section into force. (gov.uk)

Q: When does the new Code of Practice itself apply? A: From 5 March 2026. The code is not law, but tribunals can consider it. It explains practical steps, such as giving employers 7 days’ ballot notice and defining the “intended opening day” as the first day voting papers are sent. The code page on GOV.UK confirms the 5 March update and that it supersedes the 2017 version. (assets.publishing.service.gov.uk)

Names and accountability also matter in civic education. DBT is the department responsible, and Kate Dearden MP signed the explanatory memorandum as the responsible minister. Noting the named minister helps students practise source evaluation: you can trace the document back to the person and office that issued it. (gov.uk)

Quick study tip you can use with a class or branch committee: write down three dates for any dispute-when a sample paper (if any) was given to the employer, when the ballot opened, and when the employer received any notice of action. Then match those dates to the government’s 18 February law change and the 5 March code start. That simple timeline check tells you which set of rules and guidance applies. For clarity, use the DBT code and the official transition guidance as your baseline references. (gov.uk)