The UK Employment Rights Act: trade unions and industrial relations

The Employment Rights Act (“Act”) received Royal Assent on 18 December 2025 and the government plans a staged implementation over 2026 and 2027.

The Act includes 28 employment reforms and, cumulatively, the scale, breadth and complexity of the changes are significant for employers (read our tracker to keep abreast of developments across the Act and timescales for implementation).

To support employers as they respond to the Act’s diverse measures, our more detailed briefings focus on specific topics within the Act and include the latest developments and practical implications. In this briefing, we review provisions which have important repercussions for collective employment law, including trade union and employer rights and duties, affecting both unionised and non-unionised employers. 

For our briefings focusing on the Act’s changes to:

• dismissal and re-engagement (“fire and rehire”), read our update
• family-friendly rights and SSP, read our update
• collective redundancies, read our update
• enforcement, read our update
• zero and low hours contract workers, read our update
• unfair dismissal, read our update
• equality and harassment, read our update

Industrial action

In relation to industrial action (IA), the Act:

• repeals the 2023 minimum service levels (MSL) legislation
• repeals the 50% turnout threshold and 40% support in important public services requirement in ballots. It has reverted to simple majority voting. However, two different commencement dates apply. The 40% support requirement in important public services was repealed for ballots opening on or after 18 February 2026 whereas the 50% threshold will be removed later. This was intended to be removed after electronic balloting was made available to trade unions on 25 August 2026, but no date has yet been confirmed
• reduces the information a union must include on the ballot notice and sample voting paper
• reduces the information provided by the union to members with the ballot result. Separately to the Act, the government has recommended the use of email, over first class post, to inform employers and members of the ballot outcome (the Code of Practice has been updated)
• reduces advance notice of industrial action from 14 to 10 days. The information contained in the notice also reduces
• extends the expiry of the ballot mandate for industrial action from six to 12 months
• introduces protection against detriment for taking part in industrial action and strengthens the rules on automatic unfair dismissals for protected industrial action (employees are no longer only protected during a 12 week protected period) 

In terms of timing, the MSL repeal took effect upon Royal Assent (18 December 2025) with most other IA repeals outlined above following two months later (18 February 2026, subject to transitional rules). For further information on the February 2026 changes, read our update. Protections against detriment for taking industrial action is expected to take effect on 30 October 2026.

Practical implications

In summary, the procedural IA changes make it easier and cheaper for unions to organise strikes. The changes also reduce union risks when they do so: there is a reduced responsibility for the action of pickets, and, by simplifying the ballot and notification rules, the government has a stated aim of narrowing the scope of employer litigation challenges.

The changes present employers with increased operational challenges and legal risks and affect employer contingency planning. Employers should audit IR strategy and dispute resolution procedures to ensure that they are fit for purpose, and review existing relationships with a view to building an effective and strong IR framework in response to these changes.

Right of access

A new legal procedure provides for independent unions to request workplace access (which includes physical access and/or the ability to communicate with workers) and negotiate workplace access agreements with employers, with the process enforced by the Central Arbitration Committee (CAC). The government is excluding employers with fewer than 21 workers from this new right which it intends to implement on 30 October 2026.

Whilst referring to it as including a “digital right of access” in its consultation response, the government has stated that communication is by any means (subject to data protection legislation). The purpose of access is defined: to allow union officials to meet, support, represent, recruit or organise workers or to facilitate collective bargaining (not for organising industrial action). The scope and details of access are contained in a Code of Practice and in regulations.

The draft Code of Practice on Trade Union Right of Access directs parties to use standard request and response templates as part of the access process, although there is no obligation to do so. Where a union’s request for access is consistent with “model” terms, the CAC is more likely to consider that access should be granted and the process be expedited. The model access agreement terms, are expected to establish baseline principles and include two working days’ notice before each access visit, after the first one, and ongoing weekly access. However, parties can agree different periods. Employers should be aware of the timescales involved, including 15 working days for the employer to respond to the union’s request for access (which parties can agree to extend) and 25 days to negotiate the terms of an agreement. The Code also sets out some factors for the CAC to consider where there are competing union requests for access. In the event of employer non-compliance on more than one occasion, a financial penalty may be ordered by the CAC with an initial maximum £75,000 fine and up to £500,000 for repeated breaches. For further information on the right of access, read our update.

Practical implications

This is a significant change and all employers should prepare, including conducting a health check of current employee relations and engagement, reviewing their IR strategy, training managers in the new right and identifying any key issues arising from having third parties accessing a workplace (health and safety, regulatory requirements, data privacy, confidentiality, liability etc). 

Changes to statutory recognition

The Act makes many procedural and substantive changes to the legal procedure which applies when a union seeks statutory recognition. For example, they include:

• deleting an initial admissibility test which a union had to meet (the requirement for evidence that the majority of workers in the bargaining unit would be likely to support the union conducting collective bargaining on their behalf) – in force April 2026
• providing for regulations to relax the remaining admissibility test by dropping the current requirement that the union has at least 10% membership in the proposed bargaining unit to a lower percentage of 2% - 10% (exact figure to be decided). Until regulations make this change, the 10% test remains 
• removing the condition, when workers vote in a recognition ballot, that recognition must be supported by at least 40% of all the workers in the bargaining unit, such that a union needs to secure a simple majority of those voting to obtain recognition – in force April 2026
• amending the access and unfair practice rules - expected to take effect on 30 October 2026
• assessing the number of workers in a bargaining unit at the point at which the CAC receives the application - expected to take effect on 30 October 2026
• recognising a non-independent union may no longer “block” an application for recognition from a union that has a certificate of independence – timescales/conditions apply 

Transitional arrangements apply to the above April 2026 changes. The government is also committed to introducing electronic balloting for statutory recognition ballots in 2027. A revised Code of Practice on access and unfair practices during the recognition and derecognition processes will apply - it is being extended to include unfair practices in electronic ballots.

Practical implications

The changes make it easier, quicker and cheaper for trade unions to apply for recognition and to win a recognition ballot.

Changes to individual rights and protections

Changes will be introduced to the existing rights for a representative of a recognised trade union to take paid time off during their working hours to carry out trade union duties and for a union learning representative to take paid time off. These include requiring an employer, upon request, to provide access to such accommodation and other facilities (e.g. office/internet, etc) as is reasonable having regard to the Acas code. As a result, it becomes a right to time off and facilities. A new right for trade union equality representatives to paid time off and facilities is also being introduced. Another change shifts the burden of proof to the employer, in the event that an employee claims a breach of the right to time off. It will be for the employer to show that the time off which the employee proposed was not reasonable. These measures are planned to take effect on 30 October 2026.

Protection against blacklisting, where information is compiled on individuals concerning their trade union membership and activities with a view to that information being used by employers or employment agencies to discriminate against them, will be strengthened (implementation is expected in 2027).

The Act also introduces a new duty on employers to inform new workers of their right to join a trade union at the same time as they provide a written statement of employment particulars, and to inform existing workers of this right annually by 5 April each year. The government will provide a standardised template for employers to use, although employers will need to add details of any recognised trade unions, unions with statutory access agreements, and their contact details. The new duty is expected to come into force in January 2027 (delayed from 30 October 2026). For further information on the duty to inform, read our update.

Practical implications

Employers with existing time off arrangements will need to review policies, and how they are implemented locally by managers, to comply.

Employers should also review their onboarding processes and employee communications in preparation for the new duty to inform workers of their right to join a trade union. Employers will need to act quickly once the regulations and standardised template is finalised. 

Employment law is a devolved matter in Northern Ireland and the issues set out above may not all apply in NI. For NI specific advice contact our Belfast office.

Originally published: December 17, 2025