What are the rules on strike ballots?
You do not have to be a union member to join a protected strike. What matters is who called the action, whether it covers your job and whether the legal steps were followed.
You can join a union-organised strike at your workplace without being a union member. You cannot vote in that union’s ballot, but non-members can take part in protected industrial action. Before missing a shift, ask the union rep whether the action covers your job and which dates it has called. A walkout without union backing is not protected in the same way.
- 50%
- turnout still required in GB
- 10 days
- action notice to employer in GB
- 12 mths
- to begin action from ballot date
- 7 days
- ballot notice before voting opens
Can you go on strike if you are not in a union?
Yes. As Acas explains, non-members cannot vote in a union ballot but can join official union-organised action. If the action is protected and covers your job, being a non-member does not by itself remove an employee’s protection against unfair dismissal. Your employment status still matters: someone who is a worker but not an employee does not have an employee’s unfair-dismissal rights.
Ask the rep: “Does the action cover my job, has the union formally called it, and on which dates?” Do not assume that colleagues walking out means a protected strike is under way. Official action must also meet the ballot and notice rules below.
If there is no union organising action, a walkout does not gain statutory protection just because you and your colleagues agree to it. Speak to a branch about organising first. UNISON and Unite organise in care and health; GMB and USDAW also represent workers across sectors including retail and distribution. Our guide explains how trade unions work and how to join.
What is protected industrial action?
Protected industrial action is union-authorised action over a trade dispute with the workers’ own employer, backed by a valid ballot and the required notices, and begun within the ballot mandate. That mandate is the time allowed to begin action after the vote. Going on strike commonly breaches your employment contract; legal protection does not mean there is no breach.
There are two separate safeguards. Part V of the Trade Union and Labour Relations (Consolidation) Act 1992 protects the union from certain civil claims for organising action. Without that immunity, an employer may seek an injunction or damages. Employees taking protected action also have a separate right against unfair dismissal. Neither safeguard guarantees strike pay.
A walkout the union has not authorised or endorsed is unofficial. Employees dismissed while taking it have no ordinary unfair-dismissal protection under the industrial-action rules. Official does not automatically mean protected either: a union-authorised strike can lose protection if the ballot or notices are defective.
What are the types of industrial action?
Industrial action includes stopping work in a strike and taking action short of a strike. The distinction matters because the union ballot must ask about them separately.
- Strike action: withdrawing your labour by stopping work.
- Action short of a strike: work-to-rule, go-slows and overtime bans.
A yes vote for strike action does not authorise action short of a strike, or the other way round. Check which action your union has called. If it is a work-to-rule or overtime ban, see what it can mean for your pay.
How does a strike work, from ballot to walkout?
- Check whether your job is covered. The union ballots all the members it reasonably believes it will call on to act, and no others. Ask the rep whether you are entitled to vote. Minor accidental ballot errors unlikely to affect the result may be disregarded.
- The union gives ballot notice. Each relevant employer must receive it by the seventh day before voting opens, then sample voting materials by the third day. The notice identifies employee categories, workplaces and the total number concerned, not individual names.
- Eligible members vote in secret. In GB, voting can be postal, electronic, workplace or combined. More than 50 members entitled to vote means an independent scrutineer is required, reporting within four weeks of the ballot date.
- Wait for the result. At least 50% of eligible members must vote, and a majority of votes cast must back each proposed action. The union tells eligible voters the turnout, yes and no votes and spoiled papers as soon as reasonably practicable, and tells the employer the result.
- Check the action dates before missing work. A yes vote is not permission to walk out whenever you choose. The union must give the employer at least 10 days’ notice of action, and action must begin within the ballot mandate.
- Decide whether to take part. Non-members can join action covering their job. You do not have to strike or picket, and your employer can withhold pay for the time you strike.
How many votes does a strike ballot need?
At least 50% of those entitled to vote must vote. A simple majority of votes cast must then back the specific action proposed. The separate 40% support threshold for certain important public services was abolished for ballots opening on or after 18 February 2026. It is not another threshold unions must meet today.
Example: 1,000 members entitled to vote
If 480 vote, the ballot fails even if every vote is yes. If 520 vote, at least 261 must vote yes to a strike. An overtime ban needs its own majority on the separate action-short-of-a-strike question. The 50% turnout test applies to the ballot as a whole, not separately to each question.
What is the strike notice period in the UK?
The union must give the employer at least 10 days’ notice before industrial action starts in Great Britain. In Northern Ireland it is at least seven days. This action notice is separate from the notices sent before the ballot: winning the vote does not let you walk out immediately.
The union gives these notices. Your first move is to check that its call to action covers your job and the dates you plan to strike. The GB deadlines are:
| Step | Deadline | What the employer receives |
|---|---|---|
| Ballot notice | By the seventh day before opening | Intention to ballot, expected opening date, categories, workplaces and total number concerned |
| Sample voting materials | By the third day before opening | A sample of the paper or electronic voting material |
| Action notice | At least 10 days before action | Workers affected, whether action is continuous or discontinuous, and start date or dates |
| Mandate | Action begins within 12 months of ballot date | For ballots opened on or after 18 February 2026; older ballots retain the previous six-month rule, extendable under that law |
How long does a strike ballot mandate last?
For GB ballots opened on or after 18 February 2026, action must begin within 12 months of the ballot date: the last day on which votes can be cast. Do not count the mandate from the opening day or from the employer’s receipt of action notice.
Example: ballot notice, action notice and mandate
If voting opens on 20 October, the employer must receive ballot notice by 13 October and sample materials by 17 October. If action notice reaches the employer on 1 October, action can start no earlier than 11 October, assuming a valid mandate is already in place. Separately, a ballot closing on 15 January 2027 gives a window to begin action ending on 14 January 2028.
Can you vote online in a strike ballot?
Yes, if your GB union uses a compliant electronic ballot and you are entitled to vote. Since 25 August 2026, unions may use postal, electronic, workplace or combined voting under the Permissible Means of Voting Order 2026. Ask the rep how to cast your vote and when voting closes. A show of hands or an informal online poll will not do. Northern Ireland still requires a secret postal ballot.
Can your employer dock your pay or sack you for striking?
Strike pay and length of service
Your employer may withhold pay for time spent on strike, but cannot impose an extra fine just for striking. Strike days do not break an employee’s continuity of employment, although they generally do not count towards the length of continuous service.
Dismissal protection and your first steps
In GB, dismissing an employee for taking protected industrial action begun on or after 18 February 2026 is automatically unfair, whatever the action’s duration. No qualifying period of service applies. The earlier 12-week rule remains relevant to action begun before that date.
If you are threatened, dismissed or lose shifts, keep messages, rotas and payslips, and record when each event happened. Ask your union for help promptly. If you are not a member, Citizens Advice or a law centre can explain your options. For most GB tribunal claims where the relevant event falls on or after 1 October 2026, the deadline is six months minus one day. Earlier events keep the old limit; an expired claim is not revived. Notify Acas within your time limit for early conciliation before most tribunal claims. Conciliation pauses the clock, but does not revive an expired deadline. If the treatment involves discrimination, you can also contact the Equality and Human Rights Commission (EHRC).
Agency workers, worker status and self-employment
If you are a worker but not an employee, you cannot bring an employee’s unfair-dismissal claim. If you are an agency worker, your status and the identity of the employer or hirer matter. A genuinely self-employed contractor does not acquire statutory strike protection simply by withholding work; the commercial contract governs the risk.
Employment businesses must not supply agency workers to cover striking staff. The 2022 regulations that lifted that ban were quashed in 2023. An employer may reorganise work among existing staff; the supply ban does not prohibit every way of covering absent colleagues.
Do you have to picket when on strike?
No. You can take part in a strike without joining a picket line. You never have to strike either. A union must not discipline you for refusing to join industrial action or for crossing a picket line. If it does, you can complain to an employment tribunal for a declaration and compensation.
Peaceful picketing at or near a picket’s own workplace has a statutory basis, subject to civil and criminal law. Picketing at a different employer’s premises in solidarity does not have that protection. The code suggests no more than six pickets per entrance as a general guide, not a statutory cap.
Since 18 February 2026, unions have not had to appoint a picket supervisor or provide the related letters, armbands and employer notification. The revised Code of Practice on Picketing took effect in March 2026. For numbers, behaviour and police powers, see our guide to picketing.
Northern Ireland has different rules
Employment law is devolved in Northern Ireland. The 1992 Act, the Trade Union Act 2016 and the Employment Rights Act 2025 do not apply there. The rules come from the Industrial Relations (Northern Ireland) Orders. nidirect explains them; the Labour Relations Agency handles conciliation, not Acas.
| Issue | Great Britain | Northern Ireland |
|---|---|---|
| Turnout | At least 50% | No turnout threshold; majority of votes cast |
| Action notice | At least 10 days | At least 7 days |
| Mandate | Action begins within 12 months of ballot date | Action begins within 4 weeks (8 by agreement) |
| Dismissal protection | Automatic for protected action begun since 18 February 2026, regardless of duration | Automatic for first 12 weeks; after that, whether employer took reasonable steps to settle matters |
| Voting | Postal, electronic or workplace | Secret postal ballot |
If a ballot closes on 15 January 2027, the GB mandate runs until 14 January 2028. In Northern Ireland, action must begin by 11 February 2027, or by 11 March if eight weeks have been agreed. A separate action notice is also needed. Scotland follows the GB rules above, not the Northern Ireland regime.
Which strike rules have changed, and what is not in force yet?
- Minimum-service law repealed
The Strikes (Minimum Service Levels) Act 2023 ceased to apply.
- Industrial-action rules changed
The 40% public-services threshold ended for new ballots. Ballot and action notice requirements were simplified. The GB mandate doubled to 12 months, and action notice fell from 14 to 10 days. Unions no longer had to appoint picket supervisors. Automatic dismissal protection no longer had a 12-week cap for new action.
- More ways to vote
Electronic and workplace ballots became available in GB.
- Tribunal claim limits extended
Most GB claims with a relevant event on or after this date have a six-month-minus-one-day limit rather than three months minus one day, subject to early conciliation rules. Earlier events keep the old limit.
- Worker detriment protection
The draft regulations specify this date. The Commons approved them on 7 September 2026, but parliamentary approval is not commencement.
Questions people ask
Can non-union members take protected industrial action?
Yes. You can join protected, union-organised action covering your job without joining the union, but you cannot vote in its ballot. An employee’s protection against unfair dismissal does not depend on union membership. A walkout without union backing is different and does not gain that statutory protection.
What is the difference between official and protected industrial action?
Official action is authorised or endorsed by a union. For statutory protection, it must also concern a trade dispute with the workers’ own employer, have a valid ballot and the required notices, and begin within the ballot mandate. Union backing alone is not enough.
How much notice must a union give before a strike?
At least 10 days’ notice to the employer in Great Britain, or seven days in Northern Ireland. This is separate from ballot notice. In GB, the employer must receive ballot notice by the seventh day before voting opens and sample voting materials by the third day.
What are the types of industrial action?
Strike action means stopping work. Action short of a strike includes work-to-rule, go-slows and overtime bans. The ballot needs separate questions for strike action and action short of a strike; a yes to one does not authorise the other.
Can your employer bring in agency workers to cover a strike?
An employment business cannot supply agency workers to replace striking workers. An employer may reorganise work among existing staff; the supply ban does not prohibit every way of covering absent colleagues.
Do I have to picket when on strike?
No. You can strike without joining a picket line. A union cannot discipline you for refusing to join industrial action or for crossing a picket line. If you choose to picket, it must remain peaceful and comply with the law.
Sources
- Trade Union and Labour Relations (Consolidation) Act 1992, legislation.gov.uk
- Trade union law: transition to Employment Rights Act 2025, Department for Business and Trade
- Code of Practice on Industrial Action Ballots and Notice to Employers (2026), GOV.UK
- Code of Practice on Picketing (2026), GOV.UK
- Strikes and industrial action, Acas
- Industrial action in Northern Ireland, nidirect
- Employment Rights Act 2025, section 68 (prospective), legislation.gov.uk
- Permissible Means of Voting Order 2026 (SI 2026/881), legislation.gov.uk
- Employment Rights Act 2025 Commencement No. 5 Regulations 2026, legislation.gov.uk
- Draft Protection Against Detriment (Industrial Action) Regulations 2026, legislation.gov.uk
- Trade union membership, UK, 1995 to 2024: statistical bulletin, Department for Business and Trade
- Mercer v Secretary of State for Business and Trade [2024] UKSC 12, press summary, UK Supreme Court
- Mercer v Secretary of State for Business and Trade [2024] UKSC 12, judgment, UK Supreme Court
- Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/1065), regulations 3–8, legislation.gov.uk
- Commons Votes and Proceedings, 7 September 2026, item 7(3): approval of the industrial-action detriment regulations, UK Parliament
- Parliamentary voting record: Commons divisions 81–83, 14 October 2026, on the union time-off Code, access Code and access regulations, UK Parliament