From 18 February 2026, dismissal for taking part in lawful industrial action is classed as automatically unfair.
This is a major development in UK employment law.
An automatically unfair dismissal means:
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The employer does not need to meet the usual fairness standards.
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The employee does not need two years’ continuous service to qualify.
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If the reason for dismissal is participation in lawful industrial action, the dismissal is unlawful.
For umbrella employees, this removes uncertainty. Even if you are on a short-term assignment or have recently started working through an umbrella company, you are still protected.
Your employment status does not reduce your right to participate in lawful industrial action without fear of losing your job.
The 12-Week Limit Has Been Removed
Previously, there was a 12-week limit that affected unfair dismissal protection in industrial action cases. That restriction has now been removed.
There is no longer a 12-week cap linked to participation in industrial action when bringing an unfair dismissal claim.
This change provides stronger, longer-term protection for workers. It also reduces confusion around how long protection lasts during ongoing industrial action.
For umbrella employees, this offers greater legal certainty, particularly in situations where assignments may continue over several months.
What Counts as Lawful Industrial Action?
Industrial action typically includes:
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Strikes
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Walkouts
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Refusal to carry out certain duties
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Organised action led by a recognised trade union
The key word is lawful. The new Industrial Action Protections 2026 apply only where the industrial action complies with trade union and employment law requirements.
If you are unsure whether action is protected, it is wise to seek professional advice before participating.
Why Industrial Action Protections 2026 Matter for Umbrella Employees
Umbrella employees often work on fixed-term contracts or rolling assignments. This can sometimes create confusion about rights and responsibilities.
However, if you are employed by an umbrella company, you are legally an employee. That means:
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You are protected from automatic unfair dismissal for lawful industrial action.
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Your length of service does not remove this protection.
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Your assignment status does not override your statutory rights.
These new Industrial Action Protections 2026 confirm that umbrella employees are entitled to the same fundamental safeguards as other employees.
What Should You Do If You Are Affected?
If you believe you have been dismissed for taking part in lawful industrial action, you may have grounds to bring an automatic unfair dismissal claim.
Keep in mind:
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Standard employment tribunal time limits still apply.
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Acting quickly is important.
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Seeking advice early can help protect your position.
The introduction of the Industrial Action Protections 2026 under the Employment Rights Act 2025 represents a clear strengthening of worker rights. For umbrella employees in particular, it provides reassurance that participation in lawful industrial action cannot lawfully be used as grounds for dismissal.
If you work through an umbrella company and want clarity on your employment rights, staying informed about these changes is essential.
