17.03.2026

The Employment Rights Act will bring some of the most significant changes to industrial relations in years.

For many employers, this is one of the areas creating the most questions:

  • What will union access mean in practice?
  • How should businesses respond?
  • What happens if recognition activity increases?
  • And how can employers prepare without overreacting?

These were all points discussed in our recent Make UK conversation, and the message was clear. Employers need to start thinking about practical readiness now.

More contact, more structure, more scrutiny

In our video discussion, Making News — The Employment Rights Act 2025: The Big Questions, a central message was that employers should expect more formal interaction with trade unions under the new framework.

That includes access to workplaces, and potentially digital access too. It also includes the new duty to inform workers of their right to join a union, as well as changes that may make recognition easier.

For businesses that do not currently recognise a trade union, this may feel like a big cultural shift. For those that already work with unions, it may still mean new processes and expectations.

Either way, the practical response should be thought through in advance.

Access is not just a legal issue

One of the strongest points raised in the discussion was that employers should not think about access only in abstract legal terms.

There are practical questions that need answering:

  • If a request comes in, who handles it?
  • What is the internal route for escalation?
  • How should managers respond?
  • What could physical access look like on site?
  • What could digital access look like across systems and channels?

The detail of the law is still being worked through in some areas, but that does not mean employers should wait to begin this thinking.

Good faith matters

Another point made clearly in the discussion was that employers are likely to be expected to engage constructively.

This is not simply a case of saying no and moving on. The direction of travel is towards proportionate, reasonable engagement, with enough time for employers to consider what can be accommodated and how.

That makes internal clarity especially important. If requests can land anywhere in the business, managers and leaders need to know what to do with them.

Informing workers should become part of normal practice

The conversation also covered the new duty to inform workers of their right to join a union.

A useful point raised was that this may work best when built into existing channels and routines, rather than treated as a one-off announcement.

That could include written particulars, induction, handbooks, intranet content or noticeboards. The exact format may be confirmed later, but the principle is already helpful. Make it clear, make it visible, and make it part of how the organisation communicates.

Prepare for the wider employee relations picture

The discussion also made an important cultural point.

If union activity grows, the legal process is only one part of the story. Employers also need to pay attention to workforce engagement more broadly:

  • Where are concerns being heard?
  • Do managers pick up themes early?
  • Are there routes for staff to raise issues before they harden into bigger problems?

Strong employee relations are not a substitute for legal compliance, but they do matter. A business that listens well and responds well is usually in a stronger position.

Stronger engagement supports constructive dialogue

While increased union access and activity may feel challenging for some organisations, it can also create clearer channels for dialogue with the workforce.

Businesses that engage openly and establish consistent internal processes are often better placed to address concerns early and avoid escalation.

For employers with strong employee relations practices, the reforms may reinforce approaches that are already working well.

Where to go for more detail

For the fuller legal detail, timings and what employers should be doing now, read our Spotlight page: How the Employment Rights Act is changing relationships with trade unions.

You may also want to look at how the Employment Rights Act is changing collective redundancy consultation, especially if your organisation may need to work more closely with representatives in future.

You may also want to explore our wider support, including the Employment Rights Act Planner and our Audit and Impact Assessment, if you want a clearer view of where your organisation may be most exposed.

Because many of the changes affect everyday management decisions, we also offer practical Employment Rights Act 2025 training for managers. This focuses on real workplace scenarios, risk signals and escalation points, helping managers understand what is changing, when it matters and how to respond confidently in day-to-day situations.

Preparing early is not only about compliance but about putting your organisation in the strongest possible position for the years ahead.