There are a number of sweeping reforms in respect of trade unions in the Employment Rights Act 2025 (the Act) and these reflect the government's commitment "to strengthen workers' rights" by "ensuring that people are more empowered in the workplace".
On the day the Act received Royal Assent (18 December 2025) the Strikes (Minimum Service Levels) Act 2023 was automatically repealed. The Minimum Service Level legislation was introduced by the previous Conservative government to enable employers to require a minimum level of service to be provided during a strike in certain public services.
What are the key changes in the Act?
The Act contains a number of different measures in relation to the government's shake-up of existing trade union law. We discuss the key changes below in chronological order.
18 February 2026
Balloting and industrial action changes:
- The 40% support threshold requirement for industrial action ballots in certain important public services will be removed for ballots opening on, or after, 18 February.
- Information required on industrial action ballot papers will be simplified.
- The mandate period for industrial action following a successful ballot will increase from 6 to 12 months for ballots opening on or after 18 February.
- The notice period for industrial action will be reduced from 14 to 10 days. This reduced notice period will apply to any industrial action in relation to which the employer receives a notice on or after 18 February.
Trade union administration changes:
- The automatic opt out requirement for contributions to a union's political fund will be repealed (new union members will be automatically opted in unless they expressly opt out).
- Restrictions on check-off in the public sector will end.
- The existing power to require public sector employers to publish information about trade union facility time and the power to place limits on this time will be repealed.
- Requirements to provide certain information in annual returns to the Certification Officer will be removed.
- The requirement for unions to appoint a picketing supervisor will be removed.
Employee protections:
- Employees will be automatically protected from unfair dismissal for taking part in protected industrial action irrespective of the length of that action. This protection applies to industrial action begun by the employee on or after 18 February.
- Measures will protect workers from detriment (of a description to be prescribed in regulations) for taking part in industrial action. We will need to wait for these regulations in order for the right to take effect properly.
April 2026
Simplification of the trade union recognition process
Currently where an employer refuses to recognise a trade union voluntarily, the union can apply to the Central Arbitration Committee (CAC) to obtain statutory union recognition. The union must show the CAC that they have 10% membership of the proposed bargaining unit and that they have evidence that a majority of the employees in the unit are in favour of recognition. Under the Act, unions will only need to show that they have 10% membership of the proposed bargaining unit for their application for recognition to be accepted by the CAC.
There is scope in the Act to amend the existing 10% threshold to anywhere between 2% to 10%. The government has promised to consult before coming to a decision as to whether or not to bring forward secondary legislation to deal with how much the threshold should be varied, if it is varied at all. If secondary legislation is brought forward then it will be subject to full debate in both Houses and an impact assessment will be carried out.
In order for an application for recognition to be successful, the union will have to be supported by both a majority of the workers voting and at least 40% of the workers forming the bargaining unit. The requirement for the support of at least 40% of the workforce in the proposed bargaining unit will change to "a simple majority" of those voting to win.
Restrictions on unfair practices will apply as soon as a union's request for statutory recognition is accepted by the CAC. Also, employees hired more than 10 days after the CAC receives the union's application will not be eligible to vote in the recognition process or be counted towards the number of workers in the bargaining unit for recognition purposes.
Electronic balloting
E-balloting will be delivered as a way of increasing participation in statutory ballots. The government published a consultation on a draft Code of Practice on Electronic and Workplace Balloting for Statutory Union Ballots on 19 November 2025; this closed on 28 January. The consultation on the draft Code is limited in scope and mainly seeks to ensure that the Code is sufficiently clear and detailed, rather than inviting any changes to the main provisions.
October 2026
Right to a statement of trade union rights
There is currently no explicit requirement within existing legislation for employers to actively inform their workers of their right to join a trade union, either at the start of employment or on an ongoing basis.
Under the provisions in the Act, employers will be required to provide workers with a written statement confirming their right to join a trade union. The government issued a consultation on this which closed on 18 December 2025; once we have the response to this we'll have a clearer idea of how this will work.
The government's preferred option is for a standard government drafted statement to set out the required information with employers adding the workplace-specific details. The preference in relation to new workers is for this to be delivered directly alongside the statement of employment particulars, while for existing workers the preference is for the statement to be delivered directly with continuous access (e.g. via a notice board or intranet). Three options were proposed in the consultation for the frequency of delivery: every six months, annually or with a sector specific frequency based on the sector in which the employer operates or employer size.
Right of trade unions to access the workplace
There is no general right for trade unions to access workplaces for recruitment and organisation of members. Trade unions can currently only come onto an employer's premises if the employer agrees, or it is ordered by the Central Arbitration Committee (CAC) ahead of a statutory recognition ballot.
Unions will be able to request access to the workplace to meet, recruit or organise workers to facilitate collective bargaining, but not to organise industrial action. The Act sets out a framework for how a request should be made by a trade union and considered by an employer. On receiving an access request, an employer can either agree or object to the request; this is known as the response notice.
If both parties agree on access terms, then the CAC is notified and the agreement is recorded. If no agreement is reached within the response period, either party can refer the case to the CAC for a decision on access. The CAC's decision on determining whether access should take place or not will be subject to principles in the Act, namely that access should not unreasonably interfere with the employer's business, employers should take reasonable steps to facilitate access, and access should only be refused entirely where it is reasonable in all the circumstances to do so. The CAC must consider the needs of both employers and unions and, if it decides that the union is to have access, it will specify the terms on which this access should occur.
The proposed enforcement mechanism for access agreements is via complaints to the CAC within three months from the date of conduct. Appeals on CAC determinations, declarations, or penalty orders can be made to the Employment Appeal Tribunal on points of law. A consultation on the right of access for trade unions was issued on 23 October and closed on 18 December 2025.
For more information on this consultation, and on the consultation on the duty to inform workers of their right to join a trade union please refer to our bulletin 'Employment Rights Bill consultations: Autumn/Winter 2025'
Enhanced facilities provided to trade union representatives and members
Currently employees who are also trade union representatives can take paid time off for the purpose of carrying out various trade union duties and to undertake training. The amount of time, purpose for taking it and any conditions attached to time off for union duties are limited to what is "reasonable in all the circumstances" having regard to any relevant provisions of the Acas Code of Practice on time off for trade union duties and activities.
The position of union representatives will be strengthened under the Act. A "presumption" will be established that the employee's assessment of the time required is reasonable. Where an employment tribunal claim is brought by a trade union official or representative for a denial of reasonable time off for union duties it will be up to the employer to demonstrate that the time off requested was unreasonable.
Where employees are permitted to take time off, they will also be provided with reasonable access to facilities (such as office space and access to the internet) to enable them to carry out their duties or undergo training.
The Act formalises the role of "trade union equality representative" (it is not currently recognised in law) and also provides this new statutory category of representative with a right to time off and to access facilities. The duties of the representative will include promoting equality in the workplace, providing advice and support to union members on equality matters, and consulting with the employer on equality matters.
Acas launched a consultation on a draft updated Code of Practice on time off for trade union duties and activities on 20 January 2026. The consultation closes on 17 March. Acas's non-statutory guidance on the roles and responsibilities of worker representatives will be updated to reflect the new legal rights and obligations and the updated Code.
Blacklisting
Blacklisting in an employment law context is the practice of compiling information on individuals concerning their trade union membership and activities, with a view to that information being used by employers or employment agencies to discriminate against those individuals in relation to recruitment or treatment.
The Act extends these prohibitions to lists that are not prepared for the purposes of discrimination, but that are subsequently used for that purpose. The government will then bring forward secondary legislation and guidance to make it clear that blacklisting prohibitions extend to lists created by AI.
Written tips policies
Finally the Act will introduce measures requiring employers to consult with trade union or elected representatives or, if there are none, with workers directly before producing the first version of their written tips policy. The policy will need to be reviewed and consulted upon again every three years from implementation.
Practical points
There are a few key points to bear in mind in relation to these reforms:
- You need to be aware that you will have to inform all workers of their right to join a trade union.
- The proposals to simplify trade union recognition will make it easier for unions to secure recognition so it's likely that voluntary and statutory recognition applications from unions will be on the rise.
- For those of you who don't have existing recognition agreements in place, think about reviewing your existing arrangements for staff representation to argue against the need for future trade union involvement i.e make sure your staff forums are effective and staff have a voice.
- Think about adopting proactive industrial relations strategies to make sure that workforce concerns can be addressed without the need for industrial action.
- Be aware that the rights of trade union representatives and members will be enhanced under the Bill's provisions and ensure that you keep on top of these new rights to avoid the risk of legal claims.
- You will have to prepare for increased union involvement in the workplace!
