Trade Union Reforms

Major changes to trade union law are expected from 30 October 2026, introducing new workplace access rights, stronger protections for union members, and additional employer obligations.

The Employment Rights Act 2025 reforms trade union legislation. Phase three of the reforms will:

introduce a right of union access to the workplace (both physical and virtual), to meet, support, represent, recruit or organise workers, and to facilitate collective bargaining;
require employers to provide workers with a written statement that they have the right to join a trade union;
require employers to provide trade union representatives with reasonable accommodation and facilities;
strengthen protections against unfair practices during the statutory recognition process;
introduce a right to time off for trade union equality representatives; and
strengthen protection from detriments for union members and their representatives taking protected industrial action.

On 6 July 2026, the Government published draft Regulations on the trade union right of access to workplaces. These are due to come into force on 30 October 2026. Although not yet confirmed, it can be expected that the other trade union reforms listed above will come into effect on the same date.

Reform of trade union laws - phase three

Across the next few years the Employment Rights Act 2025 is going to reshape how employers do things day to day, affecting everything from flexible working to trade union access rights. If you work in HR, you’re right at the centre of it. In this video, Robert Shore at Brightmine discusses the latest developments including the new duty to inform workers of their right to join a union.

What can HR do now?

Review current practices around employee relations: In non-unionised organisations, review whether effective arrangements are currently in place for consulting and engaging with staff (eg staff councils). Consider introducing or improving processes to enhance employee relations and engagement.
Cultivate good relations with staff and unions: In unionised organisations, adopt best practice and cultivate constructive relationships with both unions and staff. Ensure current dispute resolution procedures are effective.
Training: Provide staff with training on managing employee relations during industrial action, including training on rights of trade unions and their members. This is particularly important in light of the Government's response to its Make Work Pay: protection from detriments for taking industrial action consultation, which confirms that regulations will be introduced (from 30 October 2026) to prohibit any detriment imposed for the sole or main purpose of penalising, preventing, or deterring a worker from taking industrial action.
Stay informed: Look out for the Government's response to its consultation on the duty to inform workers of their right to join a union.
Plan ahead:
- Review the draft Code of Practice: Right of trade unions to access workplaces, and prepare for how the organisation would respond to a request for access from a union.
- Review the draft Acas code of practice on time off for trade union duties and activities and prepare for how the organisation would handle time off requests, and provide facilities, for union representatives.
Separately, the draft Code of practice: Access and Unfair Practices During the Recognition and Derecognition Process , deals with access in the specific context of recognition/derecognition processes, so review this code if a recognition request is anticipated.

Brightmine legal editor Lilia Dangi joins the podcast to talk through recent and upcoming trade union-related reforms under the Employment Rights Act 2025. She discusses how these changes are modernising industrial relations and rebalancing the relationship between employers and unions, and looks in particular at:

the new duty to inform workers of their right to join a union;
unions’ right of access to the workplace; and
the role of the Fair Work Agency.

Tune in to hear what employers need to know, and how these reforms could reshape the future of industrial relations.

The trade union reforms reshaping industrial relations

Listen as we break down trade union reform proposals and their potential impact on UK employers and workplace relations.

Listen to the Podcast now