adminThe Employment Rights Act 2025 introduces major changes to UK employment and trade union law. Its provisions are being phased in across 2026 and into 2027, with regulations and guidance expected to clarify some practical details. For games studios, publishers and other employers, understanding the timetable and reviewing workplace practices can help make the transition more manageable.
Unionisation has become an increasingly prominent issue in the games industry. Concerns about job security, redundancies, working hours, outsourcing and bargaining power have contributed to greater interest in collective representation. The Act does not require businesses to unionise, but it changes the rules under which unions can organise, seek recognition and communicate with workers.
Image credit: James Newcombe
Employment Rights Act 2025 and unionisation in games
In recent years, union campaigns and collective agreements have drawn attention across the games sector. Although much public discussion has focused on North America, UK studios may also face questions about collective representation. These reforms could be particularly relevant to large employers and businesses with teams spread across different locations or working arrangements.
The key practical issue for employers is how to respond lawfully and constructively if workers or a union raise recognition or organising activity. Being prepared means understanding the rules, assigning clear responsibilities and ensuring managers know how to handle conversations appropriately.
The IWGB Game Workers union recently helped organise a union at ZA/UM in the UK. Image credit: IWGB Game Workers Union
Changes taking effect from February 18, 2026
The first trade union reforms concern industrial action rather than the process for gaining formal union recognition. Industrial action can include strikes and action short of a strike, such as overtime bans or picketing. The changes described for this phase include:
- Simplified industrial action rules. Balloting requirements will be streamlined, and the notice unions must give employers before industrial action is due to begin will fall from 14 days to 10 days. Employers may therefore have less time to assess operational impacts and open dialogue before action starts.
- Longer strike mandates. A ballot mandate for industrial action will be able to last up to 12 months, rather than six. This gives unions more time to decide when to act and reduces the need for repeat ballots.
- Protection from detriment. Workers will receive statutory protection from prescribed detriments for taking part in lawful industrial action. Regulations expected during 2026 are set to clarify the scope. Employers should take care that decisions about performance reviews, project allocation or overtime are fair, properly documented and not connected to lawful participation in action.
Changes taking effect from April 6, 2026
Another set of reforms concerns statutory union recognition: the process through which a union can gain the right to bargain collectively with an employer for a group of workers. Under the existing process described in the Act’s introduction, a union must meet a 10% membership threshold in the proposed bargaining group. Support requirements also include a majority of union members and at least 40% of the entire group.
The Act gives the government power to reduce the minimum membership threshold from 10% to as low as 2%. It also removes the 40% overall support requirement, leaving a simple majority of voting union members in the relevant group as the support test. Safeguards will also address attempts to dilute bargaining units through mass recruitment and strengthen protections against recognition of employer-sponsored or non-independent unions.
For employers, this makes it especially useful to understand how teams and proposed bargaining groups are organised. Keep workforce records accurate and ensure any response to a recognition request is based on the applicable process rather than assumptions.
Further changes expected later in 2026
Additional measures, expected towards the end of 2026 and potentially in October, are intended to change how unions conduct ballots and engage with employers:
- Electronic balloting. Trade union ballots, including votes connected with recognition and industrial action, will be permitted electronically for the first time. This could make voting more accessible and speed up processes. Employers should monitor the rules as they are finalized.
- Union access to workplaces. A statutory framework will allow unions to negotiate access to workplaces, including physical sites and digital environments. The framework will include enforcement measures and potential financial penalties for non-compliance. Remote-first and hybrid businesses should consider how digital access requests could be handled.
- A written union-rights statement. Employers will need to give workers written information about their right to join a trade union. Onboarding materials and employment documentation are practical places to review when preparing to meet this requirement.
The IWGB responded to layoffs at Build A Rocket Boy in 2025. Image credit: IWGB Game Workers Union
What the Employment Rights Act 2025 means for games businesses
The reforms do not make unionisation compulsory. However, lower recognition thresholds, changes to ballots and new access arrangements may make union activity more likely to progress. Employers should also expect greater attention to areas such as pay and progression, fixed-term or project-based contracts, working hours, redundancy processes and performance management.
Policies and employment documents may become important during a recognition campaign or workplace dispute. Reviewing contracts, handbooks and procedures in advance can help identify inconsistencies and clarify how decisions are made. In particular, records should explain the business reasons for decisions that affect workers.
Practical steps to prepare
- Set an engagement plan. Decide who will handle a recognition request or organising activity and how the business will communicate with workers. Keep the approach lawful, respectful and consistent.
- Review pay and working practices. Check whether arrangements around progression, overtime, crunch and project-based work are clearly explained and consistently applied.
- Train managers. Make sure managers understand the boundaries on discussing union activity and know when to seek advice from HR or employment counsel.
- Update workplace documents. Review contracts, policies, onboarding materials and relevant procedures, including plans for providing the required written union-rights statement.
- Prepare for different work settings. Consider how a potential request for access could be managed across office, hybrid and digital environments.
Conclusion: prepare for the Employment Rights Act 2025
The Employment Rights Act 2025 changes the framework for trade union activity in the UK, with implementation staged across 2026 and into 2027. Games businesses can prepare by following the legislative timetable, reviewing employment practices and training managers to respond appropriately. The details of some measures depend on further regulations and guidance, so employers should verify current requirements before making decisions.
