Trade union activity may not be something you think about very often, particularly if you do not recognise a trade union. That may be about to change. The Employment Rights Act 2025 introduces a number of changes to trade union rights, with further measures due to come into force on 30 October 2026. These include a new requirement to tell workers about their right to join a trade union, new rights for qualifying independent trade unions to seek access to workplaces, changes to the recognition process and additional protection for workers taking protected industrial action.
What has already changed?
Since 18 February 2026, the notice period that a trade union must give an employer before taking industrial action has reduced from 14 days to 10 days. The period for which an industrial action ballot mandate remains effective, has also increased from six months to 12 months.
The statutory recognition process also changed on 6 April 2026. Among other things, the previous requirement for a union to demonstrate likely majority support before an application could progress was removed, as was the 40% support threshold for recognition ballots.
More recently, from 25 August 2026, electronic and workplace balloting became available for statutory trade union ballots.
So, if your organisation has not yet looked at these changes, now is a good time to do so.
Do I need to do anything if we don’t recognise a union?
Yes.
One of the most important points for non-unionised employers is that some of the new requirements will apply whether or not you recognise a trade union.
From 30 October 2026, employers will have to provide workers with a written statement confirming their right to join a trade union. The requirement will form part of the worker’s employment documentation and the legislation provides for the statement to be given at other prescribed times too.
For most employers, this is less about creating a new policy and more about making sure an existing process works, for example:
- Where will the statement sit within your onboarding process?
- Who is responsible for providing it?
- Can your HR system record that it has been provided?
- Do your employment documents need updating?
- Do managers know what to do if an employee raises a question about trade union membership?
The government has indicated that further detailed guidance on the new requirements is expected during September 2026, so it is worth keeping this under review.
Can a trade union ask to come into my workplace?
Potentially, yes.
From 30 October 2026, qualifying independent trade unions will have new statutory rights to seek access to workplaces and communicate with workers. Access could be physical, digital or a combination of the two.
This does not mean that a union can simply turn up and walk through your workplace.
Instead, the employer and union will have the opportunity to agree how access will work. If they cannot agree, the Central Arbitration Committee (CAC) can become involved and determine whether access should be granted and, if so, on what terms.
There is also an exemption for smaller employers. The CAC cannot impose an access agreement where the employer has fewer than 21 workers across all of its workplaces.
The practical question is: what would you do if a request arrived tomorrow?
It is worth deciding now:
- Who would receive the request;
- Who would negotiate with the union;
- Where meetings could take place;
- Whether digital communication could be used; and
- What security, confidentiality and operational issues would need to be considered.
You do not need to have every answer today. But knowing who will deal with the issue will make things much easier if a request does arrive.
Is it now easier for a union to become recognised?
Yes.
The statutory recognition process has changed, making it easier for a union to progress an application and, where a ballot takes place, secure recognition.
That does not mean that every recognition campaign will succeed. But employers should not assume that a union approach is unlikely to go anywhere because it would previously have struggled to meet the old thresholds.
This is also an area where managers need to be careful.
If an employee says they have joined a union, or a union approaches the organisation, managers should not try to deal with the situation themselves. They should involve HR.
Workers have legal protection in relation to trade union membership and activities. Managers should not threaten or penalise employees because of union membership, make promises designed to influence support for recognition, or otherwise interfere improperly with a recognition process.
A short manager briefing on this is likely to be far more useful than expecting managers to find their way through the legislation when an issue arises.
What if we already recognise a trade union?
If you already recognise a union, this is a good opportunity to review your existing arrangements.
Check your recognition agreement and make sure everyone is clear about:
- Time off for union duties;
- Facilities available to union representatives;
- How representatives communicate with employees;
- Meeting arrangements; and
- Who deals with disagreements.
Further statutory rights relating to trade union representatives and facilities are due to come into force on 30 October 2026. The Draft Acas Code of Practice provides further guidance on time off for trade union duties and activities.
You may not need to rewrite your recognition agreement. But it is worth checking that what it says reflects what actually happens in your organisation.
What should we do if employees take industrial action?
This is another area where it is better to have a plan in place before you need it.
The rules have already changed. Employers now have to deal with a 10-day notice period for industrial action, and a successful ballot mandate can remain effective for up to 12 months.
Further protection for workers taking protected industrial action is due to come into force on 30 October 2026. This includes protection against detriment in specified circumstances.
Before there is a dispute, make sure you know:
- Who will coordinate the employer’s response;
- Who will communicate with the union;
- What managers should say to employees;
- How attendance and pay will be dealt with; and
- When HR or legal advice should be sought.
The response will depend on the circumstances, but having an agreed approach will avoid managers making decisions on the spot.
So, what should employers do now?
You do not need a complicated new policy. A few practical steps now should put you in a much better position:
- Check your onboarding process. Make sure you can provide the new statement about the right to join a trade union from 30 October and that your HR systems can record this.
- Brief your managers. Make sure managers understand the basics of trade union rights and, importantly, know who to contact if a union issue arises.
- Decide who will deal with trade union matters. Identify who will handle union correspondence, workplace access requests, recognition issues and industrial action.
- If you already recognise a union, review your arrangements. Check your recognition agreement, facilities, time-off arrangements and communication processes.
The key point is that you do not need to recognise a trade union today to be affected by the changes. A little preparation now should make it much easier to respond calmly and consistently if trade union activity becomes an issue.