Make Work Pay: protection from detriments for taking industrial action

The government will prohibit all detriments imposed on workers for taking industrial action, rather than creating a specific list. This will be implemented through regulations under the Employment Rights Act 2025 and is expected to come into force in October 2026.

Employers will need to:

• evidence legitimate business reasons for disciplinary, performance or operational decisions 
• ensure decision-makers can demonstrate that the sole or main purpose of any action was not to punish or deter industrial action
• review and update HR policies, manager guidance and industrial relations procedures before October 2026.

Background to the consultation 

The government considered two approaches:

1. Option A - ban all detriments linked to industrial action.
2. Option B - create a prescribed list of prohibited detriment.

Consultation response

The government concluded that a complete ban on detriments:

• provides the strongest protection
• aligns with existing employment law
• avoids loopholes and the need to constantly update a prescribed list
• supports better trust and industrial relations. Therefore, regulations will prohibit all detriments where the sole or main purpose is to punish, deter or prevent industrial action.

Important clarification on pay deductions

The government confirmed that:

• the longstanding principle of ‘no work, no pay’ remains unchanged
• employers can continue to make proportionate deductions from pay where employees take strike action or other industrial action
• these deductions will not be treated as a prohibited detriment. 

Further information

Read the government’s full response to the consultation.