The Lords has approved regulations preventing employers from penalising, preventing or deterring protected industrial action.
Lord Leong has moved regulations giving workers protection from employer detriment when they take protected industrial action.
The measure responds to the Supreme Court's 2024 Mercer judgment, which found a gap between UK law and the right to freedom of association under the European Convention on Human Rights.
The rules prohibit detriment where the sole or main purpose is to penalise, prevent or deter protected action. They are intended to cover treatment short of dismissal, such as punitive changes to shifts, bonuses or promotion prospects.
Employers will retain the right to withhold pay for work not done during a strike. They can also discipline misconduct unrelated to industrial action and take ordinary operational decisions that are not designed to punish participation.
Employment tribunals will be able to adjust compensation by up to 25 per cent according to compliance with the Acas code on disciplinary and grievance procedures.
The House of Lords approved the regulations after debate. They target protected industrial action and do not remove balloting, notice or other legal requirements that unions must meet.
