The Employment Rights Act 2025 (‘ERA 2025‘) is reshaping industrial relations in the UK, with reforms representing the most radical transformation in decades. Following some early trade union reforms in February and April 2026, including measures aimed at simplifying the process for statutory recognition, further significant changes are due to take effect in August and October 2026 (see here for further information).
The Government has been busy publishing responses to its consultations and draft regulations in anticipation of the upcoming reforms. This update summarises the latest developments.
1. Draft Code of Practice on Electronic and Workplace Balloting
As part of the package of reforms, changes are due to be made to the way in which statutory trade union ballots may be conducted to allow electronic and workplace balloting to take place. This is set to be introduced from August 2026 for statutory trade union ballots and then sometime in 2027 for recognition and derecognition ballots.
A draft Code of Practice on Electronic and Workplace Balloting for Statutory Union Ballots and a draft Order have been laid before Parliament to extend the new voting methods and provide practical guidance on the conduct of ballots using the new methods of voting as they are introduced. It is expected that the Code and the Order will be brought into force by 31 August, with the Government’s guidance page stating an implementation date of 25 August 2026.
2. Protection from Detriment for Taking Industrial Action
While dismissing an employee for taking part in lawful industrial action has long been classified as automatically unfair, the statutory protection does not currently extend to detriments short of dismissal, imposed in respect of participation in lawful industrial action. From 30 October 2026, the ERA 2025 will close this gap and grant workers the right not to be subjected to detriments by their employer for the sole or main purpose of preventing or deterring them from taking protected industrial action, or penalising them for doing so. We wrote about this, and the Government’s consultation on the new measures, previously here.
The Government published its consultation response on 22 June 2026, which set out its intention to prohibit all forms of detriment, rather than creating a list of prohibited types. It has since published draft regulations confirming this, which also provide that the new right will be brought under the provisions enabling compensation to be increased (or decreased) by up to 25% for any unreasonable failure to follow a relevant statutory code of practice (such as the Acas Code of Practice on Disciplinary and Grievance Procedures). However, the regulations do clarify that employers may still make a proportionate deduction from the worker’s pay where they take industrial action.
3. “Unfair Practices” in Statutory Recognition Ballots
The Government has already made a number of changes to the rules governing statutory trade union recognition (see our article here which explains the changes introduced in April) and new restrictions on unfair practices during recognition ballots are due to come into force on 30 October 2026, supported by an updated code of practice. The reforms will strengthen the existing prohibitions on unfair practices used to improperly influence the outcome of a recognition or derecognition ballot and will also enhance access arrangements.
A consultation was launched in February 2026 on proposed amendments to the Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process and an updated draft Code was published in July 2026, with further revisions in light of the consultation responses. Subject to parliamentary approval, this is expected to come into force in October 2026.
4. The New Right of Workplace Access
Perhaps the most significant operational adjustment for traditionally non-unionised sectors is the introduction of a new statutory right for unions to request workplace access. Trade unions will have the legal right to request physical and/or digital access to an employer’s premises for the purposes of recruitment, organising workers (but excluding organising industrial action), meeting, supporting, representing and facilitating collective bargaining. We have written previously about this new right and the Government consultation here.
On 6 July 2026, the Government published its response to the consultation along with the final draft code of practice and two sets of draft regulations, which have all been laid before Parliament. The draft regulations set out much of the detail on how the right will operate, including the required form and content for a request and response, relevant time periods, circumstances where a request may be refused by the CAC and penalties for breach. The draft Code of Practice: Right of Trade Unions to Access Workplaces sets out practical guidance and includes updates in light of the responses received to the consultation, including more detailed guidance on the union’s access application, the employer response process and how the CAC will make determinations in respect of decisions.
The new right of access is expected to come into force on 30 October 2026, and the Government has indicated that it will review the regime within the first six months with a view to consulting on potential further changes next year.
5. Updated Acas Code on Time Off for Union Duties and Activities
To complement expanded rights provided by the ERA 2025 in respect of union officials and learning representatives, Acas has published an updated draft Code of Practice on Time Off for Trade Union Duties and Activities.
The ERA 2025 introduces obligations on employers, where they permit a union official or learning representative to take time off, to provide the employee with such accommodation and other facilities as is reasonable in all the circumstances, having regard to any relevant provisions in a code of practice issued by Acas. The ERA 2025 will also provide similar rights to paid time off and facilities for union equality representatives as exist for learning representatives.
The updated Acas Code includes examples of trade union duties that employers must permit paid time off in respect of, guidance on the amount and frequency of time off, and relevant factors when considering what accommodation and other facilities may be reasonable.
Subject to completion of the parliamentary procedure, the intention is that the Code will be brought into force alongside the changes to the statutory framework in October 2026.
6. Duty to inform workers of their right to join a union
The other significant reform anticipated to take effect on 30 October 2026 is a new duty to inform workers of their right to join a trade union. A consultation ran last year on the details of how this new duty will operate (which we wrote about here), however the Government’s consultation response and draft regulations are still awaited.
Impacts for Employers
Taken together, the ERA 2025 trade union reforms will require employers to take a more structured and proactive approach to industrial relations. A number of these changes will impact employers in all sectors and currently non-unionised employers may need to prepare for increased union engagement and exposure from the end of October this year.
We are tracking the latest developments on our Reform Hub. Please contact your usual Littler contact if you would like any support preparing your business for the upcoming changes.
