On 26 February 2026, the DBT launched Consultation: threshold for triggering collective redundancy obligations and Consultation: protection from detriments for taking industrial action. The consultations form part of a series of consultations on reforms proposed under the Employment Rights Act 2025 (ERA 2025).
Collective consultation threshold
S 29 ERA 2025 introduces an additional test, looking at redundancies across all establishments from which employers operate, for when collective consultation obligations are triggered. The threshold number (which cannot be lower than 20) is to be defined in regulations. The consultation seeks views on the level and methods by which the new organisation-wide threshold might be set. The government is primarily considering two options for the new threshold:
- using a single fixed number in the range of 250 to 1,000; or
- tiering this new obligation by applying different fixed numbers according to the size of the employer.
The consultation closes on 21 May 2026.
For more information on the changes to the law on the trigger for collective consultation under the ERA 2025, see ERA 2025: Desktop, Q&A here.
Protection from detriments for taking industrial action
S 76 ERA 2025 gives workers the right not to be subjected to detriment of a prescribed description (to be set out in secondary legislation following consultation) for taking part in industrial action. The consultation seeks views on the types of detriments that employers should be prohibited from imposing on workers for taking industrial action.
The consultation closes on 23 April 2026.
For more information on the changes to the law on protection against detriment for taking industrial action, see ERA 2025: Desktop, Q&A here.
First published on the Employment News Service on 27 February 2026
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