Collective Bargaining & Trade Unions

The Government wants to modernise trade union laws and strengthen collective voices at work, creating a new era of partnership between businesses and unions. It believes that its package of changes “will lead to increased trade union membership and, ultimately, a more level playing field for workers”.

Overall, the changes aim to significantly strengthen the power and access of trade unions, through of combination of new measures and repealing existing restrictions.

We don’t cover all the changes, but key reforms are set out below. 

Employers will have a legal duty to give workers a written statement that informs the worker they have the right to join a trade union.

This statement should be given at the same time as they receive a section 1 statement of terms and conditions of employment, and at other prescribed times. Penalties for failure to provide a written statement will mirror the penalties for failure to provide a section 1 statement of particulars. Further details will be set out in regulations, the details of which will be informed by the outcome of the consultation launched on 23 October 2025. The consultation seeks views on different options on the form and content of the statement, the manner in which it should be delivered for new or existing workers and the frequency with which it should be reissued. It is clear that the intention is for this to be more than just a “one line” statement of a right to join a union.

This reform could (and is intended by the Government to) lead to an increase in workers’ awareness of trade unions. This may in turn result in an increase in the level of union membership (particularly when coupled with the new union access rights below).

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Timing and developments

Included in the ERA 2025. 

Regulations will be required to determine the precise details of this new duty including the form, content and manner of delivery of the statement. A consultation was launched on 23 October 2025 (which closed on 18 December 2025) which will inform the content of these regulations and how this new duty will operate in practice.

The Government’ roadmap’s timeline (updated on 16 July 2026) indicates that these measures will take effect on 30 October 2026.

Independent trade unions have new broad rights to request access

The ERA 2025 introduces a significant new statutory right for trade unions to request access to workplaces. Following consultation, a response and a revised draft code of practice containing practical guidance was published on 6 July 2026 alongside two sets of regulations containing the legal detail. The new right of access is summarised below:

• Right of access will be for ‘access purposes‘ to (1) meet, support, represent, recruit or organise workers (whether or not they are members of a trade union); (2) facilitate collective bargaining (but this does not include organising industrial action).
• ‘Access‘ means (1) physical entry into a workplace (although not to any part used as a dwelling) and/or (2) communication with, including providing information to, workers by any means whether directly or indirectly (for example via digital means). This is broad and could require an employer to provide information to their workers on behalf of officials of a union within an all-staff email.
• The revised draft code of practice encourages voluntary access arrangements outside of the statutory processes where possible. Where a voluntary process has not been agreed then there is a detailed statutory process by which unions can enter into access agreements with employers for the access purposes. In summary:
  • A trade union can make a request for access (for one or more occasions) in writing and with the option to use the Government’s standardised template. Certain information must be included in the access request set out in regulations, for example the nature and frequency of the access sought, the notice period for visits and a description of workers access is being sought to.
  • The employer must respond in writing (which may be via the Government’s template) within 15 working days either accepting or refusing the request and providing certain details now set out in the draft regulations. If an employer and trade union agree at this stage, they must give joint notification to the Central Arbitration Committee (‘CAC‘) to record the agreement.
  • If an employer refuses, there is a period of negotiation of 25 working days for the two parties to agree. If agreement is not possible (or the employer doesn’t respond), either party will be able to apply to the CAC for a determination as to access. An application for determination must be made within the period of 55 working days after the day on which the access request is given (but this can be extended by the CAC to 70 working days).
• There are limited circumstances where the CAC must refuse access which are set out in the draft regulations, including: where the employer has fewer than 21 workers; where the proposed access agreement does not provide for at least five working days’ notice ahead of the first access visit or is to last more than two years, or where the CAC considers it necessary in the interests of national security or for the purpose of prevention, detection or prosecution of criminal offences (although the draft code of practice notes that there will be very limited scenarios in which access would present a genuine risk).
• It is also reasonable for the CAC to refuse access in some specified circumstances set out in the draft regulations. This includes where: an access request is likely to result in overlapping access arrangements; there are multiple live access requests covering at least one of the same workers; or where the CAC considers that access might jeopardise the health and safety of any person.
• The draft regulations and code of practice also provide further guidance as to additional matters and the terms of an access agreement. For example, the CAC is more likely to grant access where a trade union’s access is consistent with certain “model terms”, which include weekly access and the union providing a minimum of two working days’ notice for each access visit (after the first visit). Employers must make available existing accommodation and facilities as is reasonable to facilitate access and ensure that the communications between the workers and trade union are private. However, the code of practice explains that employers will not be expected to make significant structural changes to, for example, their physical premises or IT systems to facilitate access and it will be reasonable for the CAC to refuse access where the request includes a requirement to make such significant changes.

The CAC also has powers to intervene and enforce access agreements, which are set out in the draft regulations. The CAC fines for non-compliance will be up to a maximum of £75,000 for a first breach, up to £150,000 for a second breach and up to £500,000 for subsequent non-compliance. In addition, there will be certain factors for the CAC to take into account when determining quantum, such as the gravity and reasons for the failure, the number of workers affected and the size and resources of the liable party.

This is a significant change, which may lead to an increase in workers’ awareness of trade unions and to an increase in the level of union membership. We may also see more pro-active steps being taken by trade unions, particularly to enter sectors where they have not traditionally had a presence – which could now be done more easily through the means of new digital access request rights. Employers who may not have previously had to engage with unions may have to start doing so.

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Timing and developments

Included in the ERA 2025. 

The Government launched a consultation on 23 October 2025 on how this right should operate. On 8 April 2026 the Government then published and consulted upon a draft statutory code of practice on trade union rights of access to set out best practice and guidance on how access should be carried out by both trade unions and employers. On 6 July the Government published its response to that consultation and also published a revised version of the code of practice. It also published two sets of draft regulations covering the process for requesting access and the required information to be included in applications for Parliamentary approval.

The Government’s timeline (updated on 16 July 2026) indicates that these measures will take effect on 30 October 2026 (which aligns with the draft regulations).

Reforms to statutory recognition processes

The ERA 2025 makes changes to the statutory union recognition process – with the aim of simplification. Key changes include:

• Repealing the requirement for unions to show at the outset of submitting a statutory recognition application to the CAC that a majority of workers in the bargaining unit are likely to support recognition.
• Removing the requirement for at least 40% of workers in the bargaining unit to have to vote for recognition at the ballot stage – only a simple majority of the workers voting will be required.
• Introducing a power for the Secretary of State to lower the threshold for the CAC to accept a trade union recognition application from 10% of the workers in a bargaining unit to between 2% and 10% – the Government has promised that this will be subject to further consultation.
• Preventing recognition of a non-independent union, in response to a written request for voluntary recognition from an independent union, from blocking the independent union’s subsequent recognition application.
• Strengthening the ‘unfair practices’ regime, including extending the prohibition on unfair practices so that it applies during the entire trade union recognition process from as soon as the CAC accepts the union’s application for statutory recognition and preventing recruitment into a bargaining unit during the recognition process for the purposes of dilution.
• On 6 July 2026, the Government published a response to its consultation on the revised Code of Practice on access and unfair practices during the recognition and derecognition process, and laid its revised code before Parliament. The code intends to provide statutory guidance on the changes.

The process for statutory recognition is complex, and these reforms aim to simplify some of the processes and will likely make it easier for unions to gain recognition. The changes and the process could lead to an increase in the level of union membership (particularly when coupled with the new union access rights discussed above).

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Timing and developments

Included in the ERA 2025. 

Certain changes to the trade union recognition processes took effect on 6 April 2026, including:

• Removal of the 40% threshold so only a simple majority is required
• Removal of the likely majority test when a union submits a recognition application
• Preventing recognition of a non-independent union, in response to a request for voluntary recognition from an independent union, from blocking the independent union’s subsequent recognition application

The regulation making power for the Secretary of State to lower the threshold for the CAC to accept a trade union recognition application from 10% of the workers in a bargaining unit to between 2% and 10% has also been brought into force on 6 April 2026, but the new percentage test has not yet been determined by the Government, which it has said it will consult upon before making the change.

The Government’s timeline (updated on 16 July 2026) indicates that changes to access and unfair practices in the trade union recognition process will take effect on 30 October 2026. The Government consulted between February and April 2026 on the revised code of practice during recognition and derecognition processes and on proposals on unfair practices in electronic ballots. It published its response on 6 July 2026 and laid the revised draft code in Parliament. Subject to approval by Parliament, the Code is also expected to come into force in October 2026.

Changes to industrial action ballots and other reforms

The ERA 2025 makes several changes, including:

Repealing the Strikes (Minimum Service Levels) Act 2023 (this took effect on 18 December 2025).

Repealing or amending much of the Trade Union Act 2016 largely in respect of industrial action. Key reforms include:

• Removing certain restrictions to pave the way for e-balloting. A consultation was launched on 19 November 2025 on a draft code of practice on electronic and workplace balloting, and the Government’s consultation response was published on 22 June 2026 along with a revised draft of the code of practice and a draft Order for Parliamentary approval. A separate consultation was launched on 4 February 2026, dealing with proposed changes to unfair practices to facilitate the use of electronic balloting methods for recognition and derecognition ballots, for which a Government response and a revised draft code of practice were published on 6 July 2026.
• Reducing and simplifying the current threshold requirements for a trade union ballot to take industrial action so it is easier to ballot. This includes removing: (1) the 50% turnout threshold required in a ballot for industrial action for all sectors; and (2) the additional 40% support threshold requirement in respect of workers engaged in important public services. The proposal to repeal the 50% turnout threshold is being delayed to align with the development of e-balloting and will require separate implementing regulations.
• Removing certain requirements regarding the provision of information to be included on ballot notices and industrial action notices.
• Reducing the notice period that a trade union must give the employer prior to industrial action from 14 to 10 days.
• Extending the time period for which an industrial action ballot has effect to from 6 to 12 months.
• Removing requirements in relation to union supervision of picketing for such industrial action to be protected.

This will largely impact employers whose workforce currently recognises a union. The threshold reductions and simplification of processes may make it easier to undertake industrial action.

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Timing and developments

Included in the ERA 2025. 

• The Strikes (Minimum Service Levels) Act 2023 was repealed on 18 December 2025.
• Industrial action: Changes to industrial action came into effect on 18 February 2026. There are transitional and savings provisions in place following publication of commencement provisions (see Guidance on Trade Union Law published 8 January 2026). On 5 March 2026, the Government published a revised code of practice on picketing and a revised code of practice on industrial action ballots and notice to employers.
• E-balloting: The proposal to repeal the 50% turnout threshold is being delayed to align with the development of e-balloting and will require separate implementing regulations. Regulations confirm that measures relating to electronic and workplace balloting for Statutory Trade Union Ballots will take effect on 25 August 2026. The Government’s updated timeline indicates that electronic and workplace balloting for recognition and derecognition ballots will take effect in 2027.

New trade union rights and protections

The ERA 2025 introduces new rights and protections for trade union representatives and members. These include:

• Creating new rights of access to facilities and strengthening existing rights to time off for trade union representatives and trade union learning representatives, as well as new rights to paid time off and access to facilities for trade union equality representatives. A revised draft Code of Practice on time off for trade union duties and activities has been published by Acas and on 7 July 2026 was laid before Parliament.
• Strengthening the rules on blacklisting by amending and extending the Government power to introduce regulations on blacklisting.
• Introducing enhanced protections for workers against detriment for taking protected industrial action. Following consultation, regulations have been published which provide that all detriments imposed for the sole or main purpose of penalising, preventing or deterring a worker from taking industrial action will be prohibited. Such detriment claims will also be brought within scope of a potential ACAS uplift for failure to comply with the ACAS Code on Disciplinary and Grievance Procedures. The changes will not impact the common law position whereby proportionate deductions may be made from pay where a worker takes industrial action.
• Simplifying and strengthening unfair dismissal protection for employees who undertake protected industrial action, for example so that the protection against dismissal will apply for the length of the strike action by removing the requirement for the dismissal to be within the ‘protected period’.

Employers who are unionised will need to be informed of the new rights and protections to ensure that union representatives and members are afforded their rights properly.

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Timing and developments

Included in the ERA 2025. 

• Enhanced dismissal protections for taking industrial action – commencement regulations brought this into force on 18 February 2026 (subject to transitional and savings provisions – see guidance).
• Enhanced protections against detriment – the regulations are due to come into force on 30 October 2026.
• Blacklisting – the ERA 2025 brings into force the regulating making power for blacklisting, but the revised Government Factsheet indicates that the Government will consult on  the regulations setting out the detail for blacklisting in Spring 2026. The Government’s updated timeline indicates that measures will take effect in 2027.
• Access to facilities and rights for trade union equality representatives – A revised draft Acas code of practice on time off for trade union duties and activities to reflect the changes to the statutory framework on the rights to time off and the provision of facilities for trade union representatives made by the ERA 2025 was laid before Parliament on 7 July 2026. The Government’s timeline (updated on 16 July 2026) indicates that the new rights and protections and the revised code will come into effect on 30 October 2026.

Workplace monitoring technologies

In the Plan to Make Work Pay, the Government said it wanted to ensure “at a minimum” that any proposals to introduce surveillance technologies in the workplace are subject to consultation and negotiation, with a view to agreement of trade unions or staff representatives. On 8 July 2026, the Government launched a new consultation on the use of workplace monitoring technologies, with responses due by 30 September 2026.

The consultation seeks views on how workplace monitoring technologies are currently used, how decisions are made and whether further intervention is needed. In particular, it puts forward three possible options for intervention: (i) a new statutory code of practice with supporting non-statutory guidance; (ii) primary legislation imposing a duty to consult and negotiate with trade unions or elected staff representatives before introducing workplace monitoring technologies; or (iii) new non-statutory guidance. The consultation, however, acknowledges that no intervention may remain a legitimate outcome too.

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Timing and Developments

Not included in the ERA 2025.

Consultation launched on 8 July 2026 and closes on 30 September 2026. The Government will publish a response and next steps in due course.

Other changes

In addition, there are other changes under the ERA 2025 and beyond which are outside the scope of this hub. These are noted briefly below.

• The Government’ roadmap’s updated timeline still indicates that the Government plans to introduce changes to the industrial relations framework in 2027 – but details on this are awaited.
• Sector specific reforms are being introduced under the ERA 2025 including:
  • Implementing (by way of regulations) new social care negotiating bodies, including the Adult Social Care Negotiating Body for England, which will be able to consider remuneration, terms and conditions of employment of social care workers and other matters in respect of the adult social care workers.
  • Reinstating the School Support Staff Negotiating Body, to establish national terms and conditions, career progression routes, and pay rates.