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.
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.
Note: These changes do not apply in Northern Ireland. Northern Ireland trade union law remains governed by the Trade Union and Labour Relations (Northern Ireland) Order 1995.
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.
Industrial action is now easier to organise:
There is stronger protection for those taking industrial action (the most significant change for businesses):
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.
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.
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. The 50% turnout requirement is also due to be scrapped, so that ballots will only need more votes in favour than against with no minimum turnout, but the government has not yet confirmed a commencement date for this specific change.
October 2026: Businesses will have new obligations to:
In 2027: Blacklisting protections and industrial relations framework which will add:
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:
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.
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.