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Trade Union Law Changes: What Screen Industry Businesses Need to Know

The Employment Rights Act 2025 has significantly changed trade union law, making it easier for unions to organise industrial action if they choose to. For screen industry businesses where unions like BECTU, Equity, and the Writers’ Guild represent significant portions of the workforce, it’s worth understanding what’s changed. 

 

What's it about?

Most changes came into force on 18 February 2026, with further reforms rolling out through 2026 and 2027. This article explains the key changes and what they mean in practice. 

But before diving into the changes, it’s worth acknowledging that these unions have not organised any strikes in recent years. They have historically relied on negotiation, collective bargaining, and advocacy rather than industrial action. 

Even during the 2023 SAG-AFTRA strikes in the US, UK unions held solidarity rallies but did not join the action (secondary strikes are illegal in the UK). Equity described itself as ‘strike-ready’ during 2023 negotiations with PACT, but no strike came about. 

So why do these changes matter? Because they remove legal barriers that previously made industrial action difficult to organise. If disputes escalate, unions now have clearer, simpler tools available. Understanding the new framework helps businesses maintain good industrial relations and avoid situations where those tools might yet be used. 

What’s Already Changed (in February 2026)

Industrial action is now easier to organise: 

  • The process for industrial action ballots was simplified by removing several procedural requirements (‘trip hazards’) that could invalidate ballots: Ballot papers, ballot notices, and action notices require less detailed information. Members just vote on ‘strike action’ or ‘action short of a strike’ without needing detailed dispute descriptions or timetables. 

  • Unions now only need to give 10 days’ notice of industrial action (down from 14). This gives you less time to prepare or mitigate disruption. 

  • A successful ballot now authorises action for 12 months (previously 6). Unions don’t need to re-ballot as frequently. 

  • Unions don’t now need to tell employers how many workers in each role may take action (the “headcount requirement”). 

  • The requirement to appoint picket supervisors has been removed (though in practice, UK screen related unions haven’t organised picket lines in recent memory!). 

  • Previously, ballots in ‘important public services’ (health, fire, transport) needed 40% of all eligible voters to vote in favour. Now, a simple majority of actual votes cast is sufficient. While screen businesses aren’t likely to be ‘important public services’, this signals the direction of travel. 

There is stronger protection for those taking industrial action (the most significant change for businesses): 

  • Now, dismissing someone for taking part in lawful industrial action is automatically unfair at any point (previously only protected from unfair dismissal for an initial 12-week ‘protected period’). 

  • They are now also protected from any detriment (meaning treatment that’s less favourable than others) for taking industrial action. This includes withdrawal of benefits or overtime opportunities, being passed over for promotion and being excluded from future work or informally ‘blacklisted’. 

So in a sector where future work often depends on informal networks and recommendations, be particularly careful. Not calling someone back for a future production because they previously took industrial action could be unlawful detriment. 

Who is protected?

It depends!

  • Employees (employment contract, PAYE): Full unfair dismissal and detriment protection 

  • Workers (the middle category): Protected from detriment, but more limited dismissal protection 

  • Genuinely self-employed: Can join unions but have minimal legal protection if they take industrial action (it would be breach of contract) 

Many ‘freelancers’ in screen industries are actually employees or workers in legal terms, so for example don’t assume someone’s unprotected just because they invoice through a limited company. Most (but not all) actors are legally classified as workers, so they gain access to collective bargaining and could benefit from a "protected" industrial action. 

Public sector changes e.g. public sector screen organisations (BBC, Channel 4): 

  • Can’t cap facility time for union representatives (that’s the paid time off that an organisation grants to carry out their union duties); 

  • No longer required to publish facility time data; and 

  • Can’t charge unions fees for deducting member subscriptions from pay (‘check-off’). 

And what’s coming up next?

April 2026: The process for unions to gain formal recognition in workplaces will be simplified. An updated Code of Practice is expected in October 2026. 

August 2026: Members will be able to vote electronically in ballots (if business and union agree), rather than only by postal ballot and the 50% turnout requirement will be scrapped so that ballots will only need more votes in favour than against, with no minimum turnout. 

October 2026: Businesses will have new obligations to: 

  • Inform employees and workers of their right to join a union (you’ll need to include this in contracts, handbooks, or induction materials); 

  • Grant union access to workplaces (details of these updated rules are yet to be confirmed); 

  • Provide reasonable facilities like meeting rooms, notice boards, access to communication systems for union representatives; and 

  • Allow time off for union equality representatives to carry out their duties. 

In 2027: Blacklisting protections and industrial relations framework which will add: 

  • Strengthened laws protecting union members from discrimination and ‘blacklisting’ (secondary legislation expected following a consultation); 

  • A new industrial relations framework to help employers and unions work together; and 

  • Electronic voting in recognition/derecognition ballots. 

What this means for screen industry businesses

While UK screen sector unions haven’t used industrial action in recent years, these changes mean they could do so more easily if disputes arise. The removal of procedural barriers means ballots are simpler to organise and harder to challenge on technical grounds; electronic voting (from August 2026) will make participation easier and lower thresholds mean ballots are easier to win. 

For productions with tight deadlines and immovable release dates, even the possibility of disruption matters. 

Good relations matter more than legal technicalities. The changes shift the emphasis from procedural challenges to substantive dispute resolution. We recommend that the best approach is to: 

  • Engage constructively with unions representing your workforce; 

  • Address grievances before they escalate; 

  • Consult properly on changes affecting terms and conditions; 

  • Build relationships in good faith based on mutual respect; and 

  • Not penalise workers for union activity. 

So even if industrial action seems highly unlikely, the protections are real. Remember you can’t dismiss someone for taking lawful industrial action (automatically unfair), subject them to any detriment (withdrawn benefits, reduced opportunities) or informally exclude them from future work. 

Practical steps for screen industry businesses 

Union representation and industrial action protections depend on legal status, so get clarity on who’s who. 

Build constructive relationships with unions like BECTU, Equity, and the Writers’ Guild. Even if you’re not formally unionised, do engage when they raise concerns, do consider collective agreements where appropriate and recognise that union involvement doesn’t automatically mean confrontation. 

Start planning how to incorporate information about the right to join a union into employment contracts and crew contracts, staff handbooks and induction materials 

Make sure people in supervisory roles understand that people can’t be penalised for union membership or taking lawful industrial action, that not calling someone back is unlawful if motivated by union activity and that fair, transparent dealings with all employees, workers and freelancers is important. 

Focus on prevention, not reaction by addressing pay and working conditions issues proactively, consulting properly before making changes and building a workplace culture to be proud of where concerns are raised and resolved early. 

Last updated 13/03/2026

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