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UK strike ballot code in force 5 March; 10-day notice

From Tuesday 5 March 2026, the government’s revised statutory Code of Practice on Industrial Action Ballots and Notice to Employers applies across Great Britain. It supersedes the 2017 version and is intended to reflect the Employment Rights Act 2025 reforms. For employers, this is not just a legal tidy-up-it changes planning assumptions on timelines and documentation. (gov.uk)

Two shifts matter for day‑to‑day operations. First, unions now need to give at least 10 calendar days’ written notice before industrial action begins, down from 14. Second, where a ballot is lawfully conducted, the mandate lasts 12 months rather than six (or nine by agreement). Both changes are embedded in the new Code of Practice and align with the Employment Rights Act 2025. Expect shorter lead times and longer windows of potential action when modelling staffing, revenue and service continuity. (assets.publishing.service.gov.uk)

Timings are critical. Many of the underlying legal changes took effect on 18 February 2026, while the Code itself took effect on 5 March 2026. Government transition guidance confirms how to treat ballots and notices that straddle those dates-for example, the new 10‑day notice applies where the employer receives the industrial action notice on or after 18 February 2026, and a 12‑month mandate only applies to ballots opened on or after that date. “Opened” means the first day a voting paper is sent. (gov.uk)

There is also a short, practical bridge between law and guidance. The 5 March Code carries transitional and saving provisions via the Order that brought it into force. In plain terms: if a ballot opened before 5 March; if a sample voting paper consistent with the old law was provided to the employer before 18 February; or if an employer received a notice of industrial action before 5 March, the previous code continues to guide those specific situations. That reduces the risk of mid‑process goalposts moving for ongoing disputes. (gov.uk)

The Code remains guidance, not statute. That matters for litigation risk: courts and tribunals can take it into account where relevant, but failure to follow it does not, in itself, create liability. For boards, the takeaway is straightforward-treat the Code like a checklist for evidencing ‘reasonableness’ if challenged, especially around notice content, timelines and communications with staff. (assets.publishing.service.gov.uk)

Notice mechanics deserve fresh attention. The Code preserves the requirement that employers receive seven days’ written notice before a ballot opens, and that a sample voting paper reaches the employer by day three before the ballot opens. With simplified information requirements under the Act, employers should still expect clear details on categories, workplaces and total numbers-but no longer the previous matrix of headcounts by category and workplace. Create a single point of receipt to timestamp when notices land. (assets.publishing.service.gov.uk)

Operationally, the 10‑day window compresses contingency planning. HR teams will need pre‑baked rosters and payroll runs ready to switch within a fortnight; line managers will need templated briefings for staff and customers; procurement may need standby cover for logistics or customer service. The 12‑month mandate also changes the rhythm of negotiations: employers may face multiple action periods off one ballot, so diarise check‑ins and keep scenario analysis live for the full year. (gov.uk)

Documentation discipline will help. Keep a contemporaneous file of every union communication, including ballot notices, sample papers and industrial action notices, plus any employer responses. Where unions use the reduced information set, ensure you can still match categories and workplaces to affected cost centres. If there is any dispute about whether a ballot “opened” before a key date, be ready to show evidence of when voting papers were first sent or received. (gov.uk)

For governance, boards should ask three quick questions this week. Do we have a named executive owner for strike readiness with authority to trigger contingency steps on day one of a 10‑day notice? Do our systems capture ‘date received’ for notices to avoid arguments over compliance? And have we updated our investor and customer comms lines to reflect the faster timetable and longer mandate period? These are small investments that reduce both legal challenge risk and operational noise. (assets.publishing.service.gov.uk)

Finally, remember what has not changed. The Code does not legalise secondary action, and it does not override internal dispute resolution or Acas conciliation. But it does reset the tempo. Employers that adapt processes now-calendars, comms, and cost models-will be better placed to keep services running calmly if ballots convert into action later this spring. (assets.publishing.service.gov.uk)

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