01/10/2026
Getting Ready for the New Era of Trade Union Rights
The Employment Rights Act 2025 (ERA 2025) introduces wide-ranging reforms, including significant changes to industrial relations and trade union laws. While some of the reforms are already in force, a further tranche of provisions is due to come into force on 30 October 2026.
The changes affect employers of all sizes, regardless of whether they currently recognise a trade union.
This is what you need to know:
NEW right of access to workplaces
This is likely the most significant change, introducing an entirely new right for independent trade unions to request access to a workplace, whether physical and electronic, for the purpose of meeting, recruiting, representing and organising workers, and to facilitate collective bargaining. Organising industrial action is not a valid reason for access. The right applies in relation to all employers with over 21 workers.
A statutory process and prescribed timeframes apply. If the employer and the union cannot reach an agreement regarding the terms of access (or the employer refuses access), the Central Arbitration Committee (“CAC”) will consider the matter and may impose the terms of the access agreement.
Detailed procedural guidance is set out in the Code of Practice: Right of trade unions to access workplaces.
The Code confirms a presumption that access will be granted and sets out “model” terms that the CAC is likely to grant, which include weekly access, two-working-days’ notice period for visits after the first, and the provision of reasonable accommodation and facilities. The privacy of access meetings must be protected. Breach of an access agreement can result in a significant fine of up to £500,000.
New duty to inform workers of their right to join a trade union
Employers must give workers a written statement advising them of their right to join a trade union. This statement must be given with the written statement of employment particulars. A worker cannot bring a standalone claim for breach of this duty. However, a tribunal may increase the compensation awarded when this duty is breached alongside another successful claim.
Trade union recognition and derecognition process – access and unfair practice
The ERA 2025 also strengthens the prohibition on “unfair practices” during statutory recognition and derecognition ballots. Unfair practices are actions intended to improperly influence the outcome. The CAC need only be satisfied that an unfair practice has occurred; it does not need to assess the effect of the unfair practice on the outcome. A distinct right of access to workers also applies.
A new Code will come into force: Code of Practice: Access and unfair practices during recognition and derecognition ballots.
Extending protections against detriments for industrial action
The ERA 2025 introduces protection from detriments short of dismissal, such as missing out on a bonus or promotion. Whilst protection against dismissal current exists, there is at present no equivalent protection in relation to detriments short of dismissal. From 30 October 2026, workers will have the right not to be subjected to any detriment where the sole or main purpose is to prevent, deter or penalise protected industrial action. However, employers may still make a proportionate pay deduction for time not worked during industrial action.
New rights and protections for trade union representatives
Trade union representatives will gain further rights to time off and facilities, such as meeting rooms, to enable them to carry out their duties. Equality representatives will gain the right to paid time off for their duties and facilities, which does not currently apply. Time off is presumed reasonable unless the employer can show otherwise. A revised Code of Practice on time off for trade union duties and activities is also expected in force.
What do you need to do now?
As noted, these changes, and in particular, the new right of access, are highly significant and are generally relevant to all employers, regardless of size and whether or not they already recognise a trade union.
It is essential that you prepare for these changes by engaging with them and considering your wider employee relations strategy. These reforms may present an opportunity for employers, but they may equally pose a significant threat unless they are duly considered, understood and prepared for. For example, a fine of up to £500,000 can be imposed for breach of an access agreements.
Your organisational response will depend on the specific circumstances. You may, for example, seek to embed or formalise existing employee forums and/or existing relationships with trade unions with whom you have a trusted relationship. This is relevant both to the employee response to trade union activity and to your organisational response to access requests from unions.
Please contact our specialists Charlotte and Heather to discuss your circumstances and needs. We can support with:
Strategic advice and board briefings
Compliance audits and review any existing recognition arrangements, facility-time agreements and related policies to ensure they reflect the updated Codes
Tailored advice in relation to recognising and responding to requests for union access
Training to help your HR teams and managers understand the reforms and their implications
Updating policies and related documents to reflect the changes
Further resources
The reforms discussed above form part of a much broader package of changes being introduced under the Employment Rights Act 2025. To help employers stay informed, we have created a dedicated Employment Rights Act 2025 Hub, bringing together our latest insights, legal updates and practical guidance on the developing reforms.
You can access the hub here: Explore Hub
If you have any questions about the issues raised in this article, or would like advice tailored to your organisation, please get in touch with our Employment, Pensions and Immigration team.
