The a lot debated, usually criticised, and generally championed Employment Rights Act 2025 (ERA) is now (lastly) legislation. This package deal of recent UK legal guidelines represents substantial reform that may change how employment relationships are managed for a few years to come back.
Though the ERA is already on the statute guide, the modifications won’t come unexpectedly. As a substitute, its provisions can be phased in throughout 2026 and into 2027, with secondary laws, steering, and session filling in a lot of the operational particulars alongside the method. That creates each alternative and uncertainty for employers, notably these working in fast-moving, project-based industries similar to the games business.
This text is the first in a brief collection designed to assist UK games companies perceive what the ERA means for them in apply and how they will begin making ready now. First up, we’re going to look particularly at commerce union reform. Not as a result of it’s essentially the most important space of authorized change, however as a result of it lands at a second when union exercise is changing into a constantly defining and topical growth inside the games business globally.
Unionisation and the games business
Over the previous few years, unionisation inside the games sector has moved from being a distinct segment or US-centric situation to a mainstream business dialog. Excessive-profile examples embrace union drives and recognition efforts at main studios, the ratification of collective agreements in high quality assurance groups, and more and more organised public responses to layoffs, restructurings and studio closures.
Whereas a lot of the protection has targeted on North America, the UK will not be immune to those dynamics. Rising dwelling prices, considerations round job safety, crunch, outsourcing, AI, and perceived imbalance in bargaining energy have all contributed to better curiosity in collective illustration amongst games employees.
Towards that backdrop, the ERA introduces a collection of reforms that may make it simpler for commerce unions to organise, achieve recognition, talk with employees, and take industrial motion. For games companies, and notably studios which have traditionally operated with out union illustration, these modifications are prone to speed up tendencies which can be already underway.
The important thing query will not be whether or not union-related points will come up, however how ready employers can be to have interaction with them constructively, lawfully, and strategically.
The ERA will reform UK commerce union legislation in phases. Whereas a few of the particulars can be set out in laws and following consultations later this 12 months, the path of journey is evident: decreasing procedural hurdles for unions and increasing statutory protections for employees concerned in commerce union exercise.
Adjustments taking impact from February 18, 2026
From February 18, 2026, the first tranche of reform concerning commerce union legislation will take impact. These preliminary modifications won’t change the legislation governing “unionisation” (which is the topical situation for games companies at present, and which pertains to the makes an attempt by employees and unions to safe authorized recognition of a commerce union inside an organization for collective bargaining functions – in different phrases, putting authorized obligations on a studio to seek the advice of collectively with a union over worker pay, advantages, and different office issues).
The February modifications as a substitute relate to the legal guidelines concerning industrial motion (e.g., how strikes can lawfully be organised) and the related employee protections related when such motion is taken. The important thing modifications are beneath:
- Simplified industrial motion guidelines. The method for organising lawful industrial motion (which incorporates strikes, but additionally motion “wanting a strike”, similar to time beyond regulation bans or picketing) can be streamlined. Particularly, balloting necessities can be simplified, and the quantity of discover unions must give employers earlier than industrial motion takes place can be decreased from 14 days to 10 days. Though these modifications may sound modest, in apply they’ll embolden unions who’re contemplating strike motion and shorten the window for employers to reply, plan mitigation measures, or search dialogue earlier than motion begins.
- Prolonged strike mandates. At present, a lawfully run poll authorising industrial motion will solely present a mandate for such motion for a six-month interval. Below the ERA, strike mandates will final for as much as 12 months. This offers unions better flexibility to time motion strategically and reduces the want for repeat ballots.
- Safety from detriment for employees collaborating in industrial motion. Employees will achieve statutory safety from “prescribed detriments” for collaborating in lawful industrial motion. Whereas the exact scope of those protections won’t be outlined till later laws are printed (anticipated a while throughout 2026), the intention is to forestall employees from being penalised in subtler methods, wanting dismissal. For games companies, this can most likely imply cautious thought can be required round how issues like efficiency administration, challenge allocation, and time beyond regulation/crunch concerns are dealt with in periods of commercial pressure.
Adjustments taking impact from April 6, 2026
Given the present local weather inside the games business, the most important reforms for many games companies are these coming in April. These particularly relate to unionisation, as a result of they’ll govern the course of for how a commerce union obtains formal recognition inside an organization (i.e., turns into legally entitled to collectively discount with the employer on behalf of a personnel inside a office).
At current, unions in search of statutory recognition inside an organization must navigate a reasonably complicated, multi-stage course of that features demonstrating: (a) that there’s at the very least 10% union membership inside the related group of staff they’re proposing to characterize; and (b) {that a} majority of their members inside that group assist recognition and (importantly) that at the very least 40% of the complete worker group can be in favour.
The ERA will materially simplify this course of. As soon as the modifications are available in, the authorities may have the energy to scale back the minimal membership threshold from 10% to as little as 2%. Arguably extra considerably, the 40% total assist requirement can be eliminated. Because of this solely a easy majority of the voting union members inside the related worker group can be required.
“This can be a extensive ranging and substantial set of reforms that may inevitably make it a lot simpler for a commerce union to get formal recognition inside an employer”
There may also be new measures to forestall employers from artificially diluting bargaining items by way of mass recruitment. Safeguards towards the recognition of employer-sponsored or non-independent unions may also be strengthened.
In apply, it is a extensive ranging and substantial set of reforms that may inevitably make it a lot simpler for a commerce union to get formal recognition inside an employer. This may very well be notably vital for games companies given the present backdrop referred to above, with union stress prone to construct much more at giant studios or these with fragmented workforces, the place turnout thresholds have traditionally been a barrier.
Adjustments anticipated later in 2026 (most likely October)
There’s but extra coming later in 2026. Adjustments in the direction of the finish of 2026 will impression how unions talk with employees and have interaction with employers.
- E-balloting. Commerce union ballots (which suggests the legally mandated voting course of, required as a way to unionise or to organise industrial motion) will for the first time be permitted electronically. At present, ballots must be performed by postal vote, which is time-consuming, costly, and usually results in low participation. E-balloting is prone to considerably improve engagement and velocity up union processes. This might truly be a really huge change by itself.
- Union entry to workplaces. A brand new statutory framework will give commerce unions the proper to barter entry to workplaces, together with each bodily websites and digital environments. An enforcement regime will sit behind this, together with potential monetary penalties for non-compliance. Given many games companies function hybrid or remote-first fashions, digital entry rights may very well be simply as vital as bodily entry to places of work.
- Necessary union rights assertion. Employers can be required to offer employees with a written assertion informing them of their proper to hitch a commerce union. Most employers will most likely incorporate this into employment contracts or onboarding documentation, and the change is seen as a symbolic shift in the direction of normalising union membership.
So, what does this all imply for games companies?
First issues first, these reforms don’t mandate unionisation. A number of companies, together with many inside the games business, will proceed to function with out union exercise. Nonetheless, the reforms are however vital. They materially alter the surroundings and statutory framework inside which union exercise can happen and they achieve this at a time when a lot of these working at games firms are already extra receptive to collective organisation.
For studios, publishers and different games companies working in the UK, there are a number of sensible implications.
- Union approaches will turn out to be extra seemingly and can be extra prone to succeed. Decrease recognition thresholds, sooner balloting, and improved entry rights imply that union approaches usually tend to progress shortly. Companies which can be caught off-guard or reply reactively may discover their choices narrowing sooner than anticipated. Preparation doesn’t imply opposition. It means understanding the authorized framework, having a transparent inner technique, and guaranteeing decision-makers know how to have interaction lawfully and constructively.
- Employment practices will face better scrutiny. Union involvement tends to shine a lightweight on areas similar to: pay buildings and development; use of fixed-term or project-based contracts; time beyond regulation, crunch, and working hours; efficiency administration and redundancy processes; and range, fairness and inclusion practices. Studios ought to anticipate better transparency and problem in these areas and take into account whether or not present preparations would stand as much as collective scrutiny.
- Documentation issues. Insurance policies, contracts and handbooks are sometimes missed till they turn out to be central to a dispute or recognition marketing campaign. Guaranteeing that these paperwork are updated, constant, and defensible is a smart preparatory step, notably earlier than any recognition course of is underway.
High suggestions for making ready now
Though a lot of the ERA remains to be to be carried out, there are concrete steps that games companies can take right now to scale back threat and improve confidence:
- Plan for union engagement. Determine prematurely how your business would reply to a recognition request or organising exercise. Who can be concerned? What tone can be taken? What are the crimson traces?
- Audit reward and working practices. Determine areas which may appeal to union curiosity and take into account whether or not modifications or clearer communication are wanted.
- Practice managers. Entrance-line managers play a vital half in how union exercise unfolds. Guaranteeing they perceive what they will and can not do is important.
- Get paperwork so as. Assessment contracts, insurance policies, and onboarding supplies so they’re strong earlier than scrutiny will increase.
What’s subsequent?
Wiggin can be running a webinar in the coming weeks focusing particularly on commerce union concerns inside the games business. We’ll be protecting the ERA modifications in additional element and will discover additional what sensible and strategic steps studios and publishers have to be fascinated by.
This text is the first in a three-part collection. The following two items will take a look at different main employment legislation reforms coming below the ERA, together with modifications to the legal guidelines on unfair dismissal, versatile working, and the enlargement of employer legal responsibility for harassment (which is able to quickly cowl legal responsibility for harassment dedicated by contractors and different third events).
As the authorized and HR panorama shifts, games companies that prepare relatively than panic will stand a greater probability of navigating the modifications efficiently.