Last Reviewed: 19.11.2025
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.
A 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 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 are expected to 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 seeking views 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 are expected to take effect in October 2026.
Simplifying strike action rules
The Act 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 Employment Rights Bill receives Royal Assent.
A Government consultation, which will close on 28 January 2026, seeks views on a new draft code of practice on electronic and workplace balloting for statutory trade union ballots.
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 will also increase 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, before the measure comes into effect (which is expected to be 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 are expected to apply from April 2026, with some consultation before then.
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
The timing of some of these actions will depend on when the detail of the new laws is finalised and when the changes come into force. However, you can start to plan now:
- Invest in training managers and HR 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 and HR are kept up to date with the new rights and protections for trade union representatives, and workers involved in industrial action. They need to clearly understand, for example, what facilities and accommodations have been provided so that no misunderstandings occur.
- Put a process in place to inform workers of their right to join a trade union.
- Review current employee relations and engagement within your organisation, and 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 we can help
- Sign up to our updates as the legal changes come in, so you can stay compliant and up to date.
- We have detailed HR and employment law guidance, template policies and letters on our website in the HR & Legal Resources section, which will be maintained as the changes come into force.
- Our team of employment lawyers is happy to help if you’ve got questions or need advice. And if you need hands-on support with any projects as you prepare for the changes, our HR and legal consultants can work with you to get the right steps in place and stay compliant.
- Use our ERB enquiry line ([email protected]) for real-time access to legal specialists when you need quick answers about the Employment Rights Bill.
- Ask about our Right track review (coming soon): A focused, in-business audit with clear, practical steps to keep you compliant.
- You can also shape future policy. We speak regularly with Government and feed into consultations, using input from businesses like yours.
Ongoing employment law and HR support
- For longer-term support, our retained service includes:
- Direct access to employment law experts.
- Regularly updated HR policies and templates.
- Advice for day-to-day issues and bigger picture planning.
- The chance to help shape Government policy.
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