What is the current situation?
The relationship between trade unions, employers and workers is currently governed by a number of different statutory provisions. These set out a series of legal requirements around the process for recognising a particular trade union.
There is also considerable legislation that governs other aspects of the relationship, including rules around balloting for industrial action, the protection of union members, and rules and requirements around union representatives in the workplace.
There is currently no specific right for trade unions to access workplaces without employer agreement, unless it is ordered by the Central Arbitration Committee (CAC). Nor is there any specific obligation on employers to notify workers of their right to join a trade union.
So what’s changing and when?
The Employment Rights Bill will make significant changes to industrial relations between unions, employers and workers, across a range of areas.
Union access to workplaces
Trade unions will have the right to request access to workplaces to meet, represent or organise workers, even if they aren’t members of a trade union. ‘Access’ covers digital as well as physical access, so this could include allowing email approaches and online webinars.
Employers will need to respond to a request for access within a specified timeframe and there may be a fast-track process in some circumstances. If no agreement is reached, the CAC will be able to order access arrangements.
The Government consultation, which will close on 18 December 2025, seeks views on operational details such as:
- how unions will request access, and how employers will respond;
- factors the CAC will take into account when determining whether access should be granted and on what terms; and
- how the CAC is to come to decisions on the values of fines issued for breaches of access agreements.
The Government also plans to consult in Spring 2026 on a new Code of Practice on this union right of access. The Code will set out best practice and include practical guidance on how access should be dealt with by both trade unions and employers.
The measures will take effect in October 2026.
Required disclosure of union rights
Employers will have to provide workers with a written statement of their right to join a trade union.
The Government consultation on how this new duty can be implemented effectively will close on 18 December 2025. It is consulting on:
- what form the statement should take and what content should be included;
- the manner in which the statement must be delivered; and
- the frequency with which the statement must be reissued after the beginning of employment.
It is likely that the statement will be given at the same time as employers provide the statement of employment particulars they are required to give under section 1 of the Employment Rights Act 1996.
These measures will take effect in October 2026.
Simplifying strike action rules
The Bill will simplify the requirements relating to strike action, notices and ballots.
Industrial action notices to employers will no longer need to state the total number of employees in each of the categories being balloted and the number of affected employees in each category listed. In addition, the notice that unions must give ahead of industrial action will be reduced from the current 14 days to 10 days.
Turnout requirements for ballots for industrial action will be removed, and only a simple majority of voting members will be needed for them to be successful. A successful ballot will provide a valid mandate for industrial action for 12 months – an increase from the current six months.
These changes will come into force in early 2026, two months after the Bill receives Royal Assent.
The Government is expected to consult on electronic balloting in Autumn/Winter 2025.
Protection for strike action
Protection from unfair dismissal for taking part in protected industrial action will be strengthened, by removing the 12-week limit. This change will come into force in early 2026, two months after the Bill receives Royal Assent.
The Bill also increases protection for strike action by giving workers a new right not to be subjected to a detriment by their employer, where the sole or main purpose is to prevent or deter the worker from taking protected industrial action, or to penalise them for doing so. The Government will consult on regulations in Winter 2025 or early 2026, with the measure expected to take effect in October 2026.
Simplifying the statutory recognition process
Unions will no longer be required to show that they are likely to win a recognition ballot when applying to the CAC.
Instead, unions would only need to show the CAC that 10% of the proposed bargaining unit are union members for their application for recognition to be accepted. (This percentage may be reduced by regulations.)
The requirement that at least 40% of the workers in the proposed bargaining unit must vote for recognition will be removed. In future, unions will only need a simple majority of those who turned out to vote.
These changes will apply from April 2026, with some consultation expected in Autumn/Winter 2025.
Enhanced right to time off
The right to reasonable paid time off for union representatives to carry out their duties will be strengthened. In future, all time off will be presumed reasonable unless the employer can prove otherwise.
A new ACAS Code of Practice will set out how these provisions will operate.
There will also be a new right for trade union equality representatives to take a reasonable amount of paid time off to carry out activities to improve equality in the workplace.
These rights are expected to come into force in October 2026.
What you need to do now
- Invest in training managers to give them the skills to work successfully with unions. Help them understand trade unions, their new rights and how to engage with them, including developing skills in negotiating and managing conflict. You should also ensure managers are kept up to date with the new rights and protections for trade union representatives, and workers involved in industrial action.
- Consider setting up works councils to improve engagement with your workforce more generally. It will be increasingly important for you to listen to and involve your workforce and to address their concerns.
- Take time to understand why union members or activists may be pushing for the union to be formally recognised. This could include frustrations with working conditions, pay or low morale. Consider a workplace survey to understand more about what issues your workers are concerned about.
- Look out for early warning signs of potential industrial action and the first steps towards gaining union recognition.
How Make UK can help you
Whether you’re already getting support from us or you’re just starting to explore your options, we’re here to help you plan for the Employment Rights Bill changes and protect your business.
Already getting support from Make UK?
You’ll receive updates from us as key legal changes come in, so you can stay compliant and up to date.
Detailed HR and employment law guidance can also be found in the HR & Legal Resources section of our website.
Our employment relations specialists are on hand to help you with all aspects of working with trade unions and managing employee relations. This can include tactical and legal advice on union recognition, disputes with unions and industrial action. We can help you draft documentation, understand any collective agreements in force, and develop and design works council constitutions. We can also attend meetings, including those relating to pay negotiations, industrial disputes and union recognition.
We offer a range of training courses for managers, including
- How to work successfully with trade unions
- How to run effective consultation processes for redundancy or change processes
We also run training courses for employee representatives.
Our HR and legal consultants can also provide hands-on support with preparing for these changes. For example, we can help you run pulse surveys to understand what issues your workforce is concerned about and improve employee engagement.
You can also shape future policy. We speak regularly with Government and respond in detail to consultations, using input from businesses like yours.
We are keen to hear your views on the proposals in the consultations described in this Spotlight Guide, including your insights on how specific measures might affect your business and workers in practice. If you would like to contribute to these consultations, or comment on any other measures in the Bill, please email our Policy Team with any comments by Friday 28 November.
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06/08/2025