The Employment Rights Act 2025 introduces the most significant reforms of trade union laws in a generation, providing greater recognition and access rights to Trade Unions. Head of Employment Dan Wilde looks at the key changes, what they mean for Employers, and how businesses can prepare.
What are the Changes to Trade Union Laws from February 2026?
There first round of changes, which will come into effect on 18th February 2026, relax many of the current restrictions around industrial action, including:
- abolishing the 50% turnout threshold;
- reducing notice of industrial action from 14 to 10 days;
- extending strike mandates from 6 to 12 months;
- simplifying ballot and notice requirements
The use of electronic balloting will also be enabled, but this will come in August.
February 18th will also see increased protections for employees who take part in industrial action.
Under current laws, an employee taking part in industrial action may bring a claim for unfair dismissal and that dismissal will be automatically unfair if the reason for the employee’s dismissal was because they took part in protected industrial action and the dismissal itself takes place within a specific timeframe, usually the 12 weeks from the day when the employee first took part in the industrial action.
However, the new rules will give the employee protections both for the duration of the protected industrial action and following the conclusion of the industrial action. Furthermore, if an employee is dismissed because they took part in protected industrial action, it will be automatically unfair.
Improving Statutory Recognition of Trade Unions
From April 2026, union recognition will be made significantly easier by:
- removing the requirement to show likely majority support at the outset;
- abolishing the 40% turnout requirement in recognition ballots; and
- allowing the membership threshold to be reduced from 10% to as low as 2%.
Restrictions on unfair practices will apply earlier in the process, and new joiners after an application is submitted will not be counted. Collective bargaining remains limited to pay, hours and holidays.
Union Rights of Access from October 2026
The Employment Rights Act will introduce a new statutory right for trade unions to access workplaces to meet, support, recruit, organise and bargain with workers (excluding industrial action). Access can be physical, digital, or both.
Unions may request access directly from employers. Employers can either agree terms or face an application to the Central Arbitration Committee (CAC), which will have broad powers to order access and impose fines for non-compliance (up to £75,000, rising to £150,000 for repeat breaches). The CAC may refuse access only where it is reasonable in all the circumstances.
Unlike statutory recognition, unions will not need to show any minimum level of workforce support, and multiple unions may access the same workplace. A government “model agreement” will strongly influence access terms; current proposals suggest weekly access with two working days’ notice. These provisions are expected to take effect from October 2026, with a Code of Practice to follow in 2026.
The Right to Join a Union
In addition, from October 2026 Employers must inform all workers, including existing staff, of their right to join a trade union via a standard government statement.
Additional Reforms Around Trade Unions and Industrial Action
Further reforms in this area come into effect from October 2026, these include:
- prohibiting detriment short of dismissal for taking lawful industrial action;
- introducing union equality representatives;
- extending paid time off and facilities for union representatives; and
- broadening blacklisting protections beyond employers and agencies.
Implications for Employers
The Act represents a major shift in favour of unions, particularly for non-unionised employers. The most significant impacts will be the new access rights and much lower recognition thresholds.
It is essential that Employers prepare for these forthcoming reforms in order to reduce the risk of non-compliance and to help maintain positive 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 Can We Help?
The Employment Law team at Harding Evans have a track record of advising companies in both the private and public sector on trade union issues and collective issues.
We provide trusted employment law advice to some of the largest organisations in Wales and across the UK, helping employers navigate complex workplace challenges and stay compliant with current legislation.
If you would like tailored guidance on preparing for the forthcoming reforms, or any other employment law matter, please get in touch. You can also email employment@hevans.com
