# The Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026, Paragraph 11: Section 77 of the 2025 Act (protection against dismissal for taking industrial action)

Extent: E+W+S+N.I.

(1) Section 77(2) and (5)(d) of the 2025 Act (protection against dismissal for taking industrial action) do not apply to a ballot opened before the commencement date.
(2) Section 77(2) and (5)(d) of the 2025 Act do not apply to a ballot where, before the commencement date, the trade union had complied with section 226A of the 1992 Act as it had effect before the commencement date in respect of the sample voting paper (specified in subsection (2F) of that section) for that ballot.
(3) Section 77(3), (4) and (5)(a) to (c) of the 2025 Act do not apply to protected industrial action taken by an employee where the employee starts to take the action before the commencement date.
(4) In this paragraph—
“employee” has the same meaning as in section 295(1) of the 1992 Act;
“protected industrial action” has the same meaning as in section 238A(1) of the 1992 Act.

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Source: https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/11 (the official version)
Page: https://openlegislation.uk/employment-rights-act-2025-commencement-no-1-and-transitional-and-saving-provisions-regulations-2026/schedule-2/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.