28th January 2026
Changes To Trade Union Rights
Since receiving Royal Assent on 18th December 2025, the Employment Rights Act 2025 has marked a significant milestone in the government’s Plan to Make Work Pay. Over the coming months and years, the Act will be implemented in phases, introducing wide-ranging reforms to employment law.
This article focuses on some of the key changes affecting trade unions, many of which will apply to all employers, regardless of whether they currently recognise a trade union.
Right To A Statement Of Trade Union Rights
Currently, there are no explicit requirements for employers to actively inform their workers of their right to join a trade union, either at the outset of employment or during the employment relationship.
From October 2026, this position will change. The Employment Rights Act 2025 will require employers to provide workers with a written statement confirming their right to join a trade union, including in circumstances where the employer does not recognise any trade unions.
This statement must be given:
- At the same time as the worker’s section 1 statement (e.g. in their contract) or,
- at other prescribed times.
Further details on the form, frequency and method of providing the statement will be set out in secondary legislation, following consultation.
In practical terms, employers should expect to update onboarding documentation and processes to ensure compliance. It is also possible that this requirement may contribute to increased union membership, particularly in sectors with historically low levels of unionisation.
Trade Union Access Agreements
The Act also introduces a new right for trade union officials to access workplaces by entering into “access agreements” with employers. Notably, these rights apply even where the employer does not recognise the union.
Access may be sought for a range of purposes, including:
- Meeting, supporting, representing, recruiting or organising workers; and
- Facilitating collective bargaining
However, organising industrial action is expressly excluded from the purposes for which trade unions may access workplaces under these new access agreements.
The process begins with the trade union submitting an “access request” to the employer. The employer must then issue a “response notice” within the prescribed response period. If the employer responds, the parties will enter a negotiation period to agree on the written terms governing access.
Once agreement is reached, both parties must notify the Central Arbitration Committee (CAC) of the agreed terms. Where an employer fails to respond, or negotiations break down, the union may apply to the CAC for a determination.
When determining access, the CAC must have regard to the “access principles”, including that:
- Trade union officials should be able to physically enter the workplace or communicate with workers (or both) for access purposes, provided this does not unreasonably interfere with the employer’s business.
- Employers must take reasonable steps to facilitate access.
- Access cannot be refused solely because alternative means of communication (such as email or phone) are available.
- Equally, access via electronic means cannot be refused simply because physical access is permitted.
- Complete refusal of access should only occur where it is genuinely reasonable in all the circumstances.
Where the CAC upholds an initial complaint, it may later consider a “subsequent complaint” if, within 12 months:
- The same conduct is repeated;
- A further breach of an access agreement occurs (even if different from the original breach); or
- An order made by the CAC following the initial complaint is breached.
If a subsequent complaint is well-founded, the CAC may order the payment of a financial sum to the CAC, the amount of which will be set by regulations.
It is worth noting that access agreements are presumed not to be legally enforceable contracts. They are enforceable only through the complaint process before the CAC.
Looking ahead, the practical impact of these new access rights is likely to depend on trade unions’ resources and strategic priorities. In practice, unions may focus initially on larger or high-profile employers before extending their activities to smaller organisations.
Other Trade Union Reforms
In addition to the reforms outlined above, the Act introduces further changes to trade union rights.
From 1 April 2026, the trade union recognition process will be simplified. The current requirement for a union to demonstrate the support of at least 40% of workers in the proposed bargaining unit in a recognition ballot will be removed. A union will only need to show that at least 10% of the workers in the proposed bargaining unit are members for the CAC to accept its application.
From October 2026, workers will also be protected from being subjected to any detriment where the sole or main purpose is to prevent or deter them from taking protected industrial action, or to penalise them for having done so.
Concluding Thoughts
The Employment Rights Act 2025 represents a substantial shift in the balance of trade union rights and employer obligations. While many of the detailed requirements will be clarified through secondary legislation, employers should begin considering the practical implications now.
