Consultation outcome

Make Work Pay: protection from detriments for taking industrial action

• From: Department for Business and Trade, Kate Dearden MP and The Rt Hon Peter Kyle MP
• Published: 26 February 2026
• Last updated: 23 June 2026 — See all updates

Applies to England, Scotland and Wales

This consultation has concluded

Read the full outcome

Consultation on protection from detriments for taking industrial action: government response

PDF, 495 KB, 33 pages

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Detail of outcome

This consultation invited views on whether to prohibit all detriments a worker can be subjected to for the sole or main purpose of penalising, preventing or deterring industrial action, or to create a list of prohibited detriments.

The consultation received 72 responses from:

• business representative organisations
• employers
• individuals
• legal representatives
• trade unions

Feedback from respondents has been carefully considered and proved invaluable in shaping the government’s final policy decision, which is set out within the consultation response.

The Protection Against Detriments (Industrial Action) Regulations will be laid in parliament after the publication of this government response, and are expected to come into force in October 2026.

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Original consultation

Summary

We are seeking views on the types of detriments that employers should be prohibited from imposing on workers for taking industrial action.

This consultation ran from
midday on 26 February 2026 to 11:59pm on 23 April 2026

Consultation description

The Employment Rights Act 2025 provides new protection for workers against detriments that they are subjected to by their employer to penalise, prevent or deter them from taking official industrial action.

The act enables the government to set out the detriments which are to be prohibited in regulations.

This consultation invites views from trade unions, employers, workers, and other interested parties, on what those prohibited detriments should be.

Documents

Make Work Pay: consultation on protection from detriments for taking industrial action

PDF, 703 KB, 26 pages

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Protection from detriments for taking industrial action: options assessment

PDF, 253 KB, 14 pages

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Published 26 February 2026

Last updated 23 June 2026 — Show all updates

1. 23 June 2026

   Government response to the consultation added to the page.

2. 26 February 2026

   First published.