Statutory guidance

Explanatory memorandum to the code of practice on picketing 2026

Updated 9 January 2026

Applies to England, Scotland and Wales

1. Introduction

1.1 This explanatory memorandum has been prepared by the Department for Business and Trade and is laid before Parliament by Command of His Majesty.

2. Declaration

2.1 Kate Dearden MP, Parliamentary Under-Secretary of State for Employment Rights and Consumer Protection at the Department for Business and Trade, confirms that this explanatory memorandum meets the required standard.

2.2 James Silcox, Deputy Director for Trade Unions and Collective Rights, at the Department for Business and Trade confirms that this explanatory memorandum meets the required standard.

3. Contact

3.1 The Trade Union Policy team at the Department for Business and Trade can be contacted by email at the following address with any queries regarding the code of practice: tradeunionpolicy@businessandtrade.gov.uk

Part one: Explanation, and context, of the code of practice

4. Overview of the code of practice

What does the legislation do?

4.1 In accordance with section 205(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”), the Code on Picketing is to be revised for the purpose of bringing it into conformity with the amendments to section 219 (protection from certain tort liabilities), and the omission of sections 220A (Union supervision of picketing) and 234E (Work notices: no protection if union fails to take reasonable steps) of the 1992 Act, made by the Employment Rights Act 2025 (“the 2025 Act”).

Where does the legislation extend to, and apply?

4.2 The extent of this code of practice (that is, the jurisdiction(s) in which the code of practice has legal effect) is Great Britain.

4.3 The territorial application of this code of practice (that is, where the code of practice produces a practical effect) is Great Britain.

5. Policy context

What is being done and why?

5.1 The 2025 Act repeals the great majority of the Trade Union Act 2016 (“the 2016 Act”) and the entirety of the Strikes (Minimum Service Levels Act) 2023 (“the 2023 Act”), as well as making a number of other updates to the legislative framework for trade unions and industrial action contained in the 1992 Act. Consequential revision of the Code on Picketing is required to bring it into conformity with amendments to section 219 and the omission of sections 234E and 220A of the 1992 Act.

What was the previous policy, how is this different?

5.2 The Code on Picketing provides practical guidance on picketing in trade disputes for those:

• contemplating, organising or taking part in a picket or activities associated with picketing, such as assemblies or demonstrations; and/or

• employers, workers or members of the general public who may be affected by a picket or any associated activities

5.3 As a result of the 2025 Act, employers can no longer impose work notices on trade unions for minimum service levels during strike action and there is no longer a requirement for unions to appoint a picket supervisor. Consequential revision to the Code on Picketing is therefore required to bring it into conformity with the revised 1992 Act.

5.4 The revised Code on Picketing will continue to provide practical guidance on picketing, absent of the requirement to appoint a picket supervisor and the reference to ability for employers to impose a work notice for minimum service levels during strike action.

5.5 The code has also been updated to adopt gender-neutral language in its style.

6. Legislative and legal context

How has the law changed?

6.1 The 2025 Act amends the 1992 Act to omit sections 234B to 234G (minimum service levels for certain services), through repeal of the 2023 Act.

6.2 The 2023 Act allowed employers to impose minimum service levels during strikes in 6 key sectors. Repeal of this Act means that there is no power for the government to set minimum service levels and employers in specified sectors can no longer issue work notices relating to minimum service levels during strike action.

6.3 The 2025 Act also amends section 219 (protection from certain tort liabilities) of the 1992 Act and omits section 220A (union supervision of peaceful picketing), through the repeal of section 10 of the 2016 Act.

6.4 Section 10 of the 2016 Act required the appointment of a picket supervisor responsible for ensuring that people on the picket line follow the rules applicable to them, with failure to comply meaning that the picketing would not qualify for statutory immunity from tort liability under section 219 of the 1992 Act. Repeal of Section 10 and the related amendments to the 1992 Act mean that appointment of a picket supervisor is no longer a requirement.

6.5 The Code on Picketing is to be revised under the power conferred by section 205(1) of the 1992 Act. In accordance with section 205(2) of the 1992 Act, a draft of the revised code on picketing is being laid before each House of Parliament. In the event that neither House resolves within 40 days that no further proceedings should be taken on the draft revised code on picketing, it will be brought into effect by order made by statutory instrument (section 205(4) of the 1992 Act).

6.6 The Code on Picketing was previously revised in 2017 to include references to the requirement to appoint a picket supervisor contained in section 220A of the 1992 Act (which was inserted by section 10 of the 2016 Act (union supervision of picketing)). The Code on Picketing was subsequently revised in 2024 to include references to minimum service levels contained in sections 234B to 234G of the 1992 Act (which were inserted by the 2023 Act).

Why was this approach taken to change the law?

6.7 This is the only possible approach to make the necessary changes.

7. Consultation

Summary of consultation outcome and methodology

7.1 Where changes to a code of practice reflect primary legislation, consultation is not required. Trade unions and businesses have been engaged throughout the passage of the 2025 Act, to which the changes in this code are directly linked.

8. Applicable guidance

8.1 The Code on Picketing is itself guidance.

8.2 Should the parliamentary process be successfully completed, the Secretary of State proposes to publish the code on GOV.UK.

8.3. In addition, the government will use appropriate communication channels and press avenues to publicise the changes.

Part two: Impact and the Better Regulation Framework

9. Impact assessment

9.1 A full impact assessment has not been prepared for this code of practice because the revision of the Code on Picketing is consequential on amendments to the 1992 Act (made by the 2025 Act). The impacts of changes to the 1992 Act are considered in the impact assessment produced in relation to the 2025 Act.

Impact on businesses, charities and voluntary bodies

9.2 There is no, or no significant, impact on business, charities or voluntary bodies because the revision of the Code on Picketing is consequential on amendments to the 1992 Act (made by the 2025 Act).

9.3 There is no, or no significant, impact on small or micro business because the revision of the Code on Picketing is consequential on amendments to the 1992 Act (made by the 2025 Act).

9.4 There is no, or no significant, impact on the public sector because the revision of the Code on Picketing is consequential on amendments to the 1992 Act (made by the 2025 Act).

10. Monitoring and review

What is the approach to monitoring and reviewing this legislation?

10.1 As the changes to the Code on Picketing simply reflect new legal requirements made by the Employment Rights Act 2025, no review clause is required.

10.2 The revised Code on Picketing does not include a statutory review clause.

Part three: Statements and matters of particular interest to Parliament

11. Matters of special interest to Parliament

11.1 None.

12. European Convention on Human Rights

12.1 As the code of practice is subject to negative procedure and does not amend primary legislation, no statement is required.

13. The relevant European Union Acts

13.1 This code of practice is not made under the European Union (Withdrawal) Act 2018, the European Union (Future Relationship) Act 2020 or the Retained EU Law (Revocation and Reform) Act 2023 (“relevant European Union Acts”).