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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
All sections of Employment Rights Act 2025
2025 c. 36, s.77

Section 77 — Protection against dismissal for taking industrial action

Extent: E+W+S

This version in force from 2026-02-18

Snapshot: 2026-08-24

Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (4).

(2) In section 229 (industrial action ballots: voting paper), in subsection (4), omit the words from “if it takes place fewer than” to the end.

(3) In section 238A (protection for employees taking part in official industrial action)—

(a) in subsection (2), omit paragraph (b) (and the “and” before it);

(b) omit subsections (3) to (7D);

(c) omit subsection (9).

(4) Omit section 238B (conciliation and mediation: supplementary provisions).

(5) In consequence of the amendments made by subsections (2) to (4), in the Employment Relations Act 2004—

(a) omit section 26 (dismissal where employees locked out);

(b) omit section 27 (date of dismissal);

(c) omit section 28 (dismissal after end of protected period);

(d) in Schedule 1 (minor and consequential amendments), omit paragraph 13.