Trade Union Reforms and What Employers Need to Know

Whilst much of the media attention around the Employment Rights Act 2025 (Act) has focused on day-one employment rights, unfair dismissal reforms and enhanced harassment protections, the Act also contains far-reaching changes to trade union law.

Most of these reforms take effect from 30 October 2026 and are designed to strengthen collective workplace rights, make it easier for trade unions to organise and recruit members and increase protections for workers involved in union activities and industrial action. 

For many employers, particularly those that have operated for years without a significant union presence, these reforms represent a fundamental shift in the industrial relations landscape.

The trade union reforms are not restricted to large employers and, in principle, can affect organisations of any size. Any employer with workers may potentially be impacted by the new rules concerning trade union access, recognition, industrial action and union representation. 

However, the practical effect is likely to be felt most strongly by:

• Large private-sector employers with significant workforces.
• Employers operating across multiple sites.
• Employers with existing recognised trade unions.
• Businesses in manufacturing, logistics, transport, retail, healthcare, social care and education.
• Public sector organisations and contractors delivering public services. 

Smaller employers may conclude that trade union law has limited relevance to them because they do not currently recognise a union. However, that may be precisely where some of the reforms have the greatest significance.

The Government's stated objective is to make it easier for trade unions to engage with workers, recruit members and secure recognition. As a result, employers that have historically had little or no trade union presence could see increased organising activity for the first time. 

For larger employers, the challenge is likely to be one of compliance and industrial relations management. For smaller employers, the challenge may be understanding an area of employment law with which they have had little previous experience.

Although the legislation applies broadly, larger employers are more likely to experience:

• Requests for workplace access by trade unions.
• Union recruitment campaigns.
• Recognition applications.
• Collective bargaining arrangements.
• Industrial action issues. 

A business employing 10 people may never receive a request for union recognition, whereas an employer with 500 employees across several sites may find the reforms have a direct and immediate impact on how it manages employee relations.

This is why many commentators have described the October 2026 reforms as the most significant expansion of collective workplace rights for decades. The changes are intended not simply to protect existing unionised workplaces but to make collective representation more accessible across the wider economy.

For employers, this may require a cultural shift as well as a legal one. Organisations that have historically relied on direct engagement with employees may need to prepare for a greater degree of collective consultation and representation.

One of the anticipated October reforms was a new requirement for employers to actively inform workers of their right to join an independent trade union. The Government has now deferred implementation until January 2027. 

Whilst full regulations are awaited, employers are expected to be required to provide prescribed information to workers about their trade union rights at specified points during employment. 

Although delayed, employers should use the additional time to:

• Review induction and onboarding processes.
• Consider amendments to contracts and staff handbooks.
• Monitor forthcoming Government guidance.
• Prepare HR and management teams for compliance.

One of the most significant reforms taking effect from 30 October 2026 is the strengthening of trade unions' rights to access workplaces and engage with workers.

Trade unions may seek access for the purpose of:

• Recruiting members.
• Organising workers.
• Supporting and representing employees.
• Facilitating collective bargaining.
• Providing workplace advice and information. 

Access rights may extend to both physical and virtual workplaces. Where employers and unions cannot agree access arrangements, disputes may be determined through statutory procedures involving the Central Arbitration Committee. 

• Review workplace access policies.
• Establish procedures for handling union access requests.
• Consider how digital and remote-working environments will be managed.
• Train line managers and HR teams on the new framework.

The Act strengthens trade union recognition procedures and seeks to reduce barriers to securing recognition. This is intended to support workers seeking collective representation and strengthen collective bargaining arrangements. 

Employers should therefore anticipate:

• Increased union recruitment activity.
• More recognition requests.
• Greater scrutiny of employer conduct during recognition campaigns.
• Increased collective consultation obligations where recognition is obtained. 

The reforms also strengthen the position of workplace trade union representatives.

Additional protections relating to facility access, representation activities and time off for trade union duties are intended to ensure representatives can perform their role effectively without disadvantage. 

Employers should review:

• Facility time policies.
• Union representative procedures.
• Internal approval processes.
• Management training programmes.

Workers who participate in lawful industrial action will benefit from enhanced protection against detriment. Employers must exercise particular care when making decisions affecting workers who have participated in industrial action to ensure those decisions are objectively justified and unrelated to protected activities. 

This may affect decisions relating to:

• Discipline.
• Promotion.
• Redundancy selection.
• Attendance management.
• Work allocation.

The Government has also modernised statutory union ballot procedures through the introduction of electronic and workplace balloting arrangements. These changes are expected to make participation in ballots easier and improve engagement levels. 

For employers, this may result in:

• Faster ballot processes.
• Greater employee participation.
• More organised and responsive workplace campaigns.

The most sensible approach is to prepare before union activity arises rather than react after the event.

Employers should:

• Review industrial relations policies and procedures.
• Audit existing recognition arrangements.
• Consider their approach to employee engagement.
• Train senior leaders and line managers.
• Update workplace access protocols.
• Prepare for the January 2027 trade union information duty.
• Ensure all employment decisions are appropriately documented and evidence-based where union issues may arise. 

The October 2026 trade union reforms are not simply technical amendments to existing legislation. They represent a deliberate and significant shift towards strengthening collective workplace representation and trade union engagement. Whilst the obligation to inform workers of their right to join a trade union has been postponed until January 2027, employers should not be complacent. Organisations that take steps now to understand the reforms, train managers and review their industrial relations strategy will be in the strongest position to navigate what is arguably the most substantial change to trade union law in decades.