With the Employment Rights Bill expected to pass in autumn 2025, UK workplaces are set for some of the biggest employment law changes in years. From zero-hour contracts and family rights to protections against harassment, the Bill aims to strengthen employee rights and create fairer workplaces, enabling them to stay in work.
A key part of the reforms is the expansion of trade union rights. But what are trade union rights, and how will industrial action be affected once the Bill is passed? Employers will need to prepare for stronger union powers, updated strike laws, and wider employee protections.
In this blog, our employment law experts will explain what trade unions do, what industrial action means, and practical steps employers should take to prepare for these changes.
What is the Function of a Trade Union?
In short, trade unions are organisations that represent employees, working to protect their rights and ensure fair treatment at work.
This might involve collection bargaining around pay and working conditions, supporting employees in grievances or disciplinary matters, and providing advice on issues relating to discrimination or harassment. Trade unions also play a wider role in negotiating workplace policies and raising safety concerns.
Trade union membership is growing in the UK. In 2024, there were 128 registered trade unions, up from 124 the previous year. This is a sign of increasing demand for employee representation and support.
What Are Union Rights in the UK?
That’s how trade unions currently function. However, with the Employment Rights Bill bringing major changes for trade unions from early 2026, what are the rights of trade unions going to look like?
The reforms are set to give unions and their representatives enhanced authority so they can better protect employees and their best interests in the workplace.
Here are the key changes being introduced:
Trade Unions & Representatives
- The chance to repeal the Strikes (Minimum Service Levels) Act 2023 and parts of the Trade Union Act 2016, replacing them with a 12-month mandate and 10-day notice period for industrial action.
- A simplified union recognition process to make processes like collective arrangements run more smoothly.
- Stronger rights of access to workplaces, including digital access.
- Greater rights and protections for representatives.
- An expanded scope of blacklisting protections.
Employers
- A new responsibility of employers to inform new employees of their right to join a trade union.
Industrial Action
- Simpler requirements for information needed for industrial action notices.
- Protection for employees from detriment during lawful industrial action.
What is Protected Industrial Action?
Trade unions are often associated with industrial action, but what does industrial action mean in practice? It can include strikes, overtime bans, work to rule, picketing, and go-slows. The aim is to put pressure on an employer over issues such as pay, working conditions, or workplace disputes.
There are two different types of industrial action: official (also known as protected) and unofficial. Protected industrial action means employees are legally safeguarded against dismissal during the strike, provided strict legal requirements are followed, including:
- Being organised by a registered trade union
- Carrying out a ballot among members or affected employees
- Giving the employer an adequate notice period (currently 7–14 days, moving to 10 days from 2026)
- Complying with the mandate duration (currently six months, proposed to extend to 12 months)
Under the Employment Rights Bill, reforms from 2026 will make this process simpler and strengthen protections for employees.
Can Non-Union Members Take Protected Industrial Action?
Yes, non-union members can legally take part in industrial action as long as it’s been properly organised by an authorised trade union.
If the action is official and lawful, all employees involved, whether they’re members or not, are protected from dismissal or unfair treatment.
Employers should therefore take care to treat union and non-union employees consistently during industrial action, otherwise it could be considered discriminatory under employment law.
What Employers Should Do Now
Although these trade union and industrial action reforms won’t come into effect until early 2026, employers should start preparing for the Employment Rights Bill now. Taking early action will reduce the risk of non-compliance and help maintain workplace relations.
Key steps to consider include:
- Audit HR policies and employee handbooks. Check that they are up-to-date, compliant, and reflect future changes around trade unions and industrial action.
- Train managers on union access rights. Ensure they understand new obligations under the Bill and how to handle union activity lawfully and professionally.
- Prepare strike contingency plans. Develop strategies to minimise disruption and protect business continuity if industrial action occurs.
- Review consultation and engagement processes. Strengthen how your organisation communicates with employees and unions to resolve disputes more effectively.
How Harding Evans Can Help
At Harding Evans, our specialist employment law team helps employers navigate complex workplace challenges and stay compliant with current legislation. If you’re unsure where to start, we’re here to support you.
We provide trusted employment law advice to some of the largest organisations in Wales and across the UK. Our team can advise on a wide range of workplace issues, including the upcoming changes to trade union rights and industrial action.
If you’d like tailored guidance on how to prepare for these reforms, get in touch today on 01633 244233 or wilded@hevans.com.
