04/08/2026

The Employments Right Act 2025 (ERA 2025) has been a key piece of employment legislation which has made several important changes, for both workers and employers.

While workers will benefit from increased protections through legislative reforms, employers need to be comfortable that they are acting lawfully and complying with the new requirements.

A number of reforms in the Employment Rights Act relate to trade union changes. In this guide we have focused on these key changes, affecting both unionised and non-unionised workplaces. We would strongly recommend that all employers familiarise themselves with the changes and bear them in mind even if there is currently no union presence in your company, as that may soon change.

Trade union changes implemented in February 2026

Minimum service levels for strikes removed

In February, the ERA 2025 repealed former legislation regarding minimum service levels relating to strikes. This means that employers in affected sectors, such as transport, health and public services, can no longer rely on a guaranteed minimum staffing level during strike action.

Protection against unfair dismissal

Prior to 18 February 2026, staff who began industrial action would be protected from unfair dismissal for the ‘protected period’. This was a 12-week limit of protection. However, the 12-week period has now been removed, meaning that staff are protected from unfair dismissal for the entirety of the industrial action. They will also be protected after the strike has been concluded.

With the changes, a worker will be automatically unfairly dismissed if they are dismissed for taking protected industrial action, or the principal reason for the dismissal is that they took protected industrial action. As a result, employers need to ensure that they are acting lawfully in light of the increased risk of employment claims.

Procedural changes relating to trade unions ballots and industrial action

There have been a series of procedural changes, reducing potential barriers and restrictions that were previously in place for workers to commence industrial action, namely:

  • The time needed to give notice of industrial action to the employer has been reduced from 14 days to 10 days.
  • There is no duty to appoint a picket supervisor at picket lines.
  • Industrial action mandates will now last for 12 months, instead of six months, which means unions will have a longer period to call action without the need to re-ballot.
  • Industrial action and ballot notices have been simplified, resulting in the reduction of the information that needs to be supplied to the employer about industrial action ballots/on ballot notices.
  • Political fund rules have changed with new members being automatically opted in and the requirement to hold a ballot every 10 years being abolished. Members can, however, still choose to opt out.

Industrial Action – the support and turnout threshold:

  • The support threshold for workers engaged in ‘important public services’ has been removed. Previously, at least 50% of all eligible members must have voted, and at least 40% of those entitled to vote must have voted in favour of industrial action. However, now there is only the need for a simple majority of those who actually vote.
  • It was also announced that the turnout threshold will be removed, which is due to happen no earlier than August 2026. Currently, at least half of the eligible members to vote in a ballot for industrial action must do so, in order for the action to be lawful. This is being replaced with the requirement for a simple majority of those voting to support industrial action.

Trade union changes implemented in April 2026

Statutory recognition

The rules and regulations surrounding trade union recognition have been simplified. Under the statutory recognition scheme, a trade union now only needs to apply to the Central Arbitration Committee (CAC) for recognition.

Previously, this process involved:

  • The trade union demonstrating to the CAC that at least 10% of the workers in the proposed bargaining unit were also union members; and
  • The union showing the CAC that it was likely to secure majority support from the workers in the bargaining unit for recognition.

If the CAC ordered a recognition ballot to determine the application, the union would then need:

  • A majority of those voting in the ballot; and
  • At least 40% of those in the bargaining unit to vote in favour.

However, since April 2026, the new rules have:

  • Lowered the percentage of workers that are union members within the proposed bargaining unit (between 2%–10%);
  • Removed the requirement for the union to show to the CAC that it is likely to secure majority support for recognition; and
  • Removed the requirement for 40% of the bargaining unit to vote in favour of recognition. A majority of votes cast is now required.

The changes mean that it is now procedurally, a lot easier for trade unions to gain statutory recognition where employers are not willing to agree to recognise them voluntarily.

Trade union changes to be implemented in August 2026

Trade union ballots

Electronic and hybrid voting methods are expected to become available for industrial action, union elections and other statutory ballots. Currently, ballots for such action are undertaken by post or workplace balloting.

These changes are part of an effort to modernise the current position and make the process more democratic. However, employers will need to be aware that the move away from the traditional voting system is likely to result in easier engagement in industrial action by workers.

Trade union changes to be implemented in October 2026

The following changes are expected to take place in October this year (but some of the detail and related regulations are not yet available):

A new duty for employers to inform workers of their right to join a trade union

Employers must give this statement at the same time as providing the worker’s s.1 statement (or their contract of employment). It can also be provided at a later date, which will be set out in secondary legislation.

There is currently no specific guidance on what must be included within the statement or how it should be given, but it is likely that further details will be released in due course. Employers won’t be required to ‘tell’ workers that they should or must join a union or a particular union. This is simply to remind or inform workers of the option.

However, employers still need to be aware of this as failure to provide the statement is addressed in the same way that failure to provide a section 1 statement is.

Updated rules on a trade union’s right of access to the workplace

One of the most important changes for employers will be the right which enables union officials to access an employer’s workforce, as set out in the Code of Practice: Right of trade unions to access workplaces (“Code”).

Essentially, trade unions and employers will enter into ‘access arrangements’ to allow union officials to physically or digitally access the workplace and workforce.

The ‘access’ does not allow the trade union to expressly organise industrial action, it allows them to:

  • Meet, support, represent, recruit or organise workers (regardless of whether they are members of a trade union).
  • Facilitate collective bargaining.

Despite not being able to directly organise industrial action, employers should be mindful that this may be likely, as the access will result in a higher trade union presence. Following recent consultation, it has been clarified in July 2026 that the access should take place during working hours, but at times which minimise any unreasonable interference with the activities of the employer. It also provides that employers should not grant the access at a time when it knows that a significant number of workers would not be able to attend or, organise work in a way that prevents workers from attending meetings. The most recent update was also clear that as the access should take place during working hours, workers should be paid in full for this time.

The process:

Unions will make a written request for access by either email or post. This request needs to confirm whether the union is:

  • Seeking physical or digital access (or both);
  • The nature of the access; and
  • The reasons for it.

Regulations are set to be released which will clarify the process for both unions and employers in relation to this.

The employer will have 15 working days to respond (in writing) to the request for access, with the Code providing response templates for both employers and unions. The employer can fully or partially agree to the access. They can also reject access, including any reasons for this.

If the employer decides not to accept the access request, partially or fully, then it has a further 25 working days to negotiate terms of access with the trade union. Should the employer and union fail to reach agreed terms of access, the union will have 15 working days to apply to the CAC, who will assess whether the union should be given access to the workplace.

After further time has passed, the CAC will have the power to decide the terms of access if the employer and union cannot agree.

In granting the access, the CAC will refer to five statutory access principles, which include that ‘employers should take all reasonable steps to facilitate access by officials of a qualifying trade union’.

It is therefore important for employers to understand the increased likelihood of future trade union presence within their business.

Frequency of access:

The government is set to publish terms for access arrangements which will include:

  • Physical access or digital access (or both) – up to once a week.
  • Unions must provide two working days’ notice for each visit and specify whether it is physical or digital (the first visit will require five working days’ notice).
  • The employer must make available meeting spaces, as is reasonable in all circumstances to facilitate the union access.
  • The employer must, as far as is reasonably possible, ensure that the communication between the union and workers is private.
  • Union officials who are seeking to access the workplace must comply with all reasonable instructions from the employer.

Exemption: The right of access does not apply to all employers. Those with a workforce smaller than 21 workers are exempt. However, this does not apply to group organisations whose entire workforce, across multiple sites, is larger than 21. Organisations could also be exempt on national security or criminal justice grounds, although digital access or access away from the workplace would still be possible.

Physical access: The Code states ‘where practicable, a union should be granted access to the workers at their actual workplace, and in the actual location of their work in that workplace, such as in a meeting room, or in an adjoining work area’. This will include meeting rooms or, if a business is unable to accommodate a suitable space, the Code explains that the union could hold a meeting off-site (at their expense). If this is the case, the employer must take reasonable steps to inform workers about the meeting.

Digital access: The Code states that this will involve employers sending out information and virtual meeting invites on behalf of the union. Based on the guidance from the Code, a weekly email sent by the employer on behalf of the union is not likely to amount to access. It is likely therefore that unions will seek a volume of digital communications to be sent to workers on their behalf.

Third-party property: It is not uncommon for businesses to be situated in rented property or have some of their workforce operate at a third-party site. In these cases, employers will need to take reasonable steps to ensure that access is granted to union officials. This may include liaising with the landlord or third-party business owners. Failing to do so could be seen as breach of an access agreement.

Fines for non-compliance: A complaint can be made to the CAC for breach of an access agreement, within three months of a breach. If the CAC upholds this complaint, they can order steps to be taken to ensure compliance. If there is another breach within 12 months, the CAC can impose the following financial penalties for breach of an access agreement:

  • The first breach – penalty up to £75,000.
  • The second breach – penalty up to £150,000.
  • The third or further breaches under the same access agreement will be penalties up to £500,000.

A new right to time off for union equality representatives to carry out their duties

Currently, union representatives have a statutory right to reasonable paid time off for carrying out their duties. From 30 October 2026, this duty extends to equality representatives.

Equality representatives are not new and have been used by unions for some time to promote workplace equality. However, the role has been a voluntary arrangement between individuals and employers.

The time off and access to facilities that employers must grant to equality representatives will need to be ‘reasonable’. This will ultimately depend on the context of the situation, including the employer’s size and resources. However, employers need to be mindful that refusing to allow reasonable paid time off or access to facilities could result in an employment tribunal claim.

The role itself will be undertaken by an individual who is a member of a recognised trade union, and they must satisfy the training condition. Following completion of this training, they will be entitled to reasonable time off during working hours to carry out equality-related duties such as:

  • Promoting equality within the workplace.
  • Liaising with the employer on equality issues.
  • Arranging equality-related training.

Employers will therefore need to ensure that any relevant time off policies are amended to align with this update. They will also need to ensure that any individual carrying out this role is identified, in order to respond to reasonable requests for time off or access to facilities appropriately.

Detriment for taking part in industrial action:

As previously outlined, from February 2026, workers were granted increased protections against dismissal for taking part in industrial action. From October 2026, there will be further security for workers, in that any detriment they experience will be unlawful if it is related to industrial action. ‘Detriment’ is when someone is treated less favourably by their employer.

This means that a worker may be able to bring a claim against an employer if they face detriment from them because of taking part in industrial action, or if they are treated this way so that the main purpose is to prevent or deter them from taking part. The government has confirmed that all types of detriment are prohibited.

If an employer is aware of any potential or existing industrial action, they will need to ensure that staff are trained appropriately to deal with this so as not to be seen as treating potential or participating workers in an unfavourable way.

Further changes expected in 2027

Employers should also consider and prepare for further trade union related changes that are planned to happen in 2027, including:

  • Legislation will extend current protection against blacklisting trade union members for employment purposes. This includes a prohibition on blacklists which is used for discriminatory purposes.
  • A new industrial relations framework will be introduced, to help employers and trade unions work together.
  • Workers will be able to participate in electronic voting in ballots for trade union recognition and derecognition. This is a part of the government’s efforts to modernise the current system and increase participation.

Need advice on trade union changes or any employment law matter?

If you need advice on this or any employment law matter, please don’t hesitate to contact our employment team by emailing enquiry@beswicks.com or phoning 01782 205000.