What is the current situation?

The relationship between trade unions, employers and workers is currently governed by a range of statutory provisions. These set out detailed legal requirements around the process for recognising a trade union.

There is also extensive legislation regulating other aspects of industrial relations, including rules on balloting for industrial action, protections for trade union members, and the rights and responsibilities of trade union representatives in the workplace.

At present, trade unions do not have an automatic right to access workplaces without employer agreement, unless access is ordered by the Central Arbitration Committee (CAC). Employers are also not currently under a specific legal duty to inform workers of their right to join a trade union.

So what’s changing and when?

The Employment Rights Act will introduce wide-ranging reforms to industrial relations between trade unions, employers and workers.

Union access to workplaces

Trade unions will gain the right to request access to workplaces to meet, represent or organise workers, regardless of whether those workers are union members. “Access” will include both physical and digital access, such as email communications or online meetings and webinars.

Employers will be required to respond to access requests within a prescribed timeframe, and in certain cases a fast-track process may apply. Where agreement cannot be reached, the CAC will have the power to impose access arrangements.

A Government consultation, which closed on 18 December 2025, sought views on practical and operational matters, including:

• how unions should request access and how employers should respond;

• the factors the CAC should consider when deciding whether access should be granted and on what terms; and

• how the CAC should determine the level of financial penalties for breaches of access agreements.

The Government also intends to consult on a new Code of Practice covering union access rights. This will outline best practice and provide practical guidance for both employers and trade unions.

These changes are expected to come into force in October 2026.

Required disclosure of union rights

Employers will be required to provide workers with a written statement confirming their right to join a trade union.

A Government consultation on how this new duty should operate just closed on 18 December 2025. It sought views on:

• the format and content of the statement;

• how the statement should be provided; and

• how often it should be reissued during employment.

It is anticipated that this statement will be issued alongside the written statement of employment particulars required 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 several procedural requirements relating to strike action, notices and ballots.

Trade unions will no longer need to specify detailed workforce numbers in industrial action notices. In addition, the minimum notice period before industrial action can take place will be reduced from 14 days to 10 days.

Ballot turnout thresholds will be removed, with industrial action requiring only a simple majority of those voting. A successful ballot will provide a mandate for industrial action lasting 12 months, increased from the current six months.

These changes will take effect in early 2026, two months after the Employment Rights Act receives Royal Assent.

A further Government consultation, closing on 28 January 2026, is seeking views on a draft Code of Practice covering electronic and workplace balloting.

Protection for strike action

Protection from unfair dismissal for taking part in protected industrial action will be strengthened by removing the existing 12-week limit. This change will also come into force in early 2026, two months after Royal Assent.

The Act will also introduce a new right for workers not to be subjected to a detriment where the sole or main purpose is to prevent, deter or penalise participation in protected industrial action. Regulations will be consulted on before this measure takes effect, which is expected in October 2026.

Simplifying the statutory recognition process

Trade unions will no longer need to demonstrate that they are likely to win a recognition ballot when applying to the CAC.

Instead, unions will need to show that at least 10% of the proposed bargaining unit are union members in order for an application to be accepted (with scope for this threshold to be reduced by regulations).

The current requirement that at least 40% of workers in the bargaining unit must vote in favour of recognition will be removed. Going forward, a simple majority of those voting will be sufficient.

These changes are expected to apply from April 2026, following further consultation.

Enhanced right to time off

The right to reasonable paid time off for trade union representatives to carry out their duties will be strengthened. All time off will be presumed reasonable unless the employer can show otherwise.

A new ACAS Code of Practice will explain how these provisions will operate.

In addition, trade union equality representatives will gain a new right to reasonable paid time off to carry out activities aimed at improving equality in the workplace.

These rights are expected to come into force in October 2026.

What you need to do

While the precise timing of some changes will depend on further regulations and guidance, employers can begin preparing now:

• Invest in training for managers and HR teams to build confidence in working with trade unions, including negotiation and conflict management skills. Ensure they understand new rights and protections for union representatives and workers involved in industrial action.

• Put a clear process in place to inform workers of their right to join a trade union.

• Review existing employee engagement and consider whether structures such as works councils could improve communication and consultation.

• Take steps to understand why union recognition may be being pursued, including concerns about pay, working conditions or morale. Workforce surveys can help identify underlying issues.

• Monitor early indicators of potential industrial action or union recognition activity so issues can be addressed proactively.

How Bhayani Law can help you

Whether you already work with us or are exploring support for the first time, we can help you prepare for these changes and manage union relationships effectively.

Already getting support from Bhayani Law?

You’ll receive updates as new laws come into effect. We can assist with drafting agreements and reviewing existing collective arrangements.

New to Bhayani Law?

You don’t have to face these changes alone. Whether you need quick advice or ongoing HR and legal support, we can tailor our services to suit your organisation’s needs.