The Employment Rights Act 2025 (ERA 2025) introduces significant changes to trade union law. The government has recently published  its proposals regarding the prohibition of detrimental treatment related to industrial action, and the introduction of electronic and workplace balloting for industrial action.

Protection Against Detriment for Taking Industrial Action

The ERA 2025 introduced Section 236A

On 15 April 2026, the government launched a consultation on regulations to prevent the misuse of non-disclosure agreements (NDAs) in cases of workplace harassment or discrimination.

NDAs

NDAs are formal agreements or clauses used to keep information confidential by preventing disclosure.  Historically, they have been used to protect commercial data, trade secrets and sensitive business

From 6 April 2026, the Employment Rights Act 2025 (the Act) will place a new duty on employers to create and retain records that are adequate to show they comply with statutory holiday entitlement rules, covering both leave taken and the pay associated with it.

The Act inserts a new regulation 16A into the Working