The right to strike in 2026: where we are
The legal right to withdraw labour has been quietly eroded across two decades of legislation. A primer on where we are and what trade unionists are organising to change.
Britain has the most restrictive trade union laws in Western Europe. That is not a controversial statement among labour lawyers. What it means in practice has become slowly more important as more workers have come to depend on strike action — sometimes the only leverage left — to maintain real wages.
Minimum service levels
Since 2023, the law in England allows the Secretary of State to impose minimum service levels during strikes in certain sectors. In practice, this means a worker who lawfully votes to strike can still be required to work — and be fired for refusing. The European Trade Union Confederation has called this incompatible with ILO Convention 87.
Ballot thresholds
In "important public services", a strike is only lawful if at least 50% of eligible members turn out AND at least 40% of all eligible members vote in favour. No other vote in British public life is held to anything like that standard. A general election won on 30% of the vote is binding. A strike won on 49% is not.
What we are organising for
Repeal of minimum service levels and the 40% threshold.
Legal recognition of secondary action (the right to strike in solidarity with another workplace).
Electronic balloting, as standard practice everywhere else.
Stronger anti-blacklisting protections.
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The right to strike in 2026: where we are
The legal right to withdraw labour has been quietly eroded across two decades of legislation. A primer on where we are and what trade unionists are organising to change.