From 6 April, the Employment Rights Act 2025 will make it easier for trade unions to gain recognition in the workplace by reducing the minimum membership threshold for securing statutory recognition from 10 per cent to as little as 2 per cent of employees.
Lawyers believe there will be a gradual increase in unionisation, including in sectors where it is less prevalent.
Chris Coombes, senior associate at Littler, told City AM, “We may also see organising efforts expand into sectors that have not traditionally been strongly unionised – including higher-paid parts of the economy such as professional and business services – as unions test the opportunities created by the new framework.”
Littler Partner Philip Cameron explained that in sectors where there has been little or no prior union activity (even professional services), employers should prepare for more complex industrial relations going forward.
Coombes added, “Many lawyers anticipate seeing more recognition campaigns and greater engagement from unions in workplaces that historically had little formal collective representation.”
Lawyers have told City AM that as people become even more expensive to lay off next year there could be an acceleration ahead of the deadline.
However, some don’t have a playbook for handling unions. Cameron explained, “Strengthening engagement strategies, updating internal processes and investing in management training and capability will be necessary to navigate this new industrial relations landscape.”
“Some employers may decide to establish employee consultative bodies or conduct engagement surveys to resolve organisational issues and workplace disputes in light of the Act’s push for greater union activity,” he added.
