CWU BRANCH GUIDANCE ON PICKETING
The purpose of this letter is to introduce and share with you the CWU’s new Branch guidance on picketing, attached below, which has been produced to conform with changes coming in under the Employment Rights Act and changes to the government’s Code on Picketing.
This reflects the repeal of some of the most draconian anti-union legislation introduced under successive Conservative governments, and the CWU can be extremely proud of the role we have played in securing these important changes through our New Deal for Workers campaign.
Key points reflected in the CWU Branch guidance on picketing
- The right for employers to impose minimum service levels and issue work notices in six key sectors was repealed in December 2025 (this could have affected CWU members working in 999 call operations).
- From 18th February 2026, there is no longer a requirement for trade unions to appoint a picket supervisor.
- The repeal of these statutory requirements reduces the legal burden on unions and removes the risk of serious legal consequences for compliance failures.
- The Code on Picketing continues to set out the responsibilities of a ‘picket organiser’ and can be taken into account in court proceedings.
- It is necessary for the CWU to ensure compliance with the new regulations, and we ask that you familiarise yourself with the Code on Picketingwhich has been reproduced in full within the attached guidance document.
The provisions of the Employment Rights Act are being phased in throughout the course of 2026 and 2027. Several changes are being implemented from 18th February 2026, including the repeal of the great majority of the Trade Union Act 2016 and with it the removal of the requirement to appoint a picket supervisor and the various administrative duties associated with this role.
The entirety of the Strikes (Minimum Service Levels Act) 2023 was repealed in December 2025, thereby removing the right for employers to issue work notices relating to minimum service levels during strikes in six key sectors, including emergency services and transport services. Though the majority of CWU members were not affected by the 2023 Act, the regulations could have allowed BT to issue work notices to CWU members working in BT 999 call operations during periods of strike action, and the rules on transport services could have been expanded in future to cover parcels and postal delivery.
The government’s Code on Picketing has been revised to bring it into conformity with these changes, and the new Code is due to complete its laying period in parliament on 25thFebruary 2026. For the short intervening period between 18thFebruary and 25th February, the “old” Code will no longer apply.
As the Branch guidance document notes, the repeal of the statutory requirements relating to picket supervisors and minimum service levels reduces the legal burden on unions and represents a significant step toward returning to the pre-2016 industrial relations framework.
However, the Code of practice on picketing continues to set out the responsibilities of a ‘picket organiser’ including that they should have a letter of authority from their union which they can show to the police and that they should maintain close contact with the police. The Code remains admissible in evidence and can be taken into account in the event of proceedings before any court, employment tribunal or Central Arbitration Committee where they consider them relevant. Therefore, it is necessary for the CWU to ensure compliance with the Code, and as such we ask that you familiarise yourself with the requirements of the Code, which has been reproduced in full within the attached guidance document.
If you have any questions, please contact the General Secretary’s department at dlynch@cwu.org.
Yours sincerely
Dave Ward
General Secretary
LTB 047/26 – CWU BRANCH GUIDANCE ON PICKETING
Att: Branch Coordination Picketing Organisation 2026 Code of Practice on Picketing – Branch Guidance
CWU Eastern No5 Branch 
Leave a comment