Collective Bargaining & Trade Unions

Policy

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 the changes it proposes “will lead to increased trade union membership and, ultimately, a more level playing field for workers” It believes that the changes it proposes “will lead to increased trade union membership and, ultimately, a more level playing field for workers”.

The Employment Rights Bill aims to significantly strengthen the power and access of trade unions, introducing new measures and repealing some existing restrictions. Much of the detail will be subject to consultation (some of which is now underway) and further regulations.

We don’t cover all the changes here, but key reforms include: 

Written statement of rights to join a union

• 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. However, 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.

Independent trade unions will be given new broad rights to request access

This is a significant new statutory right for trade unions, and the full details of this new right are yet to be determined and will be set out in secondary legislation following consultation. A consultation was launched on 23 October 2025, inviting views on how the operational detail of how the new right of access will work. The new right of access is summarised below:

• Right of access will be for certain ‘access purposes’, which are to (1) meet, support, represent, recruit or organise workers (whether or not they are members of a trade union), (2) facilitate collective bargaining.
• ‘Access’ means (1) physical entry to 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.
• There is a detailed statutory process setting out unions can enter into access agreements with employers for the access purposes. A trade union can make a request for access (for one or more occasions) and the employer must respond either accepting or refusing the request. If an employer refuses, there is period of negotiation for the two parties to agree and then where agreement is not possible, either party will be able to apply to the Central Arbitration Committee ‘(‘CAC‘) for a determination as to access. How this process will operate in practice (including the timings for the various response and negotiation periods) is subject to the consultation (although a potential exemption for employers with fewer than 21 workers is one of the options proposed).
• The CAC also has powers to enforce access agreements, and details will be set out in regulations following consultation. The 23 October consultation proposes that CAC fines for non-compliance could be either up to a maximum of £75,000, or alternatively a two-stage maximum with a standard cap of £75,000 and a higher maximum of £150,000 for repeated breaches, in addition to certain factors to take into account when determining quantum.

Reforms to statutory recognition thresholds

• 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.
• 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.
• Extending the ‘unfair practices’ regime, making it easier for unions to bring complaints and extending the prohibition on unfair practices so that it applies during the entire trade union recognition process.
• Requiring employers to share within 10 working days of the statutory recognition application being submitted the number of workers in a proposed bargaining unit and preventing employers from altering that number.

Changes to industrial action ballots and other reforms, including repealing the Strikes (Minimum Service Levels) Act 2023 and much of the Trade Union Act 2016.

(Note: these repeals will be implemented upon or shortly after the Bill receives Royal Assent and will therefore be among the first changes under the Employment Rights Bill to take effect.) Key reforms include:

• Repealing the Strikes (Minimum Service Levels) Act 2023.
• Removing certain restrictions to pave the way for e-balloting.
• 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: (i) 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. However, 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. We note that the House of Lords had agreed to an amendment on 28 October 2025 to retain the 50% turnout threshold required in a ballot for industrial action. However, the House of Commons disagreed to this on 5 November 2025, proposing instead that the Government should have regard to what effect any provision made after the Employment Rights Bill is passed for industrial action ballots to be conducted otherwise than by post has had, or is expected to have, on the proportion of those eligible to vote voting in such ballots.  This went back to the House of Lords on 17 November 2025 for further consideration, who rejected the House of Commons’ amendments in lieu and insisted on its original proposal to retain the 50% turnout threshold. It is unclear whether this issue has also been agreed as part of the agreement reached with stakeholders on 27 November 2025, but the House of Commons are due to debate this on 8 December 2025.
• 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 12 months (from 6 months or 9 months, if agreed between the employer and trade union).
• Remove requirements in relation to union supervision of picketing for such industrial action to be protected.

Several new rights will be introduced

• Creating new rights of access to facilities and strengthening existing rights to time off for trade union representatives, as well as new rights for trade union equality representatives (including to time off for certain listed purposes).
• Reviewing and updating by way of regulations the rules on blacklisting.
• Introducing protections for workers against detriment for taking protected 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’.

Sector specific reforms will be introduced (which are not covered here in detail):

• 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. On 30 September 2025, the Government launched a consultation  on how the fair pay agreement process in adult social care in England should work.
• Reinstating the School Support Staff Negotiating Body, to establish national terms and conditions, career progression routes, and pay rates.

The net effect of these reforms is likely to lead to an increase in workers’ awareness of trade unions, which may in turn lead 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 which could (under the consultation proposals) be extensive. The Government promises a sea change in union rights and protections and a ‘new era’ of partnership between employers, unions and the Government. Employers who may not have previously had to engage with unions may have to start doing so.

Also, previously, the Government said it wants 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. The Next Steps document has promised as part of the Government’s longer-term reform plan to consult on surveillance technologies and negotiations with trade unions and staff representatives.

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Timing and developments

Included in the Employment Rights Bill. 

A Consultation was launched in October 2024, seeking views on some areas including in respect of changes to be made given the repeal of much of the Trade Union Act 2016, which has since fed into the Employment Rights Bill.

The Government has said that it will also consult on certain aspects of these reforms as follows: 

• Summer/Autumn 2025 – Sector specific areas (such as reinstating the School Support Staff Negotiating Body and the Fair Pay Agreement for the Adult Social Care sector). A consultation was launched on 30 September (and closes on 16 January 2026) on the fair pay agreement process in adult social care. 

• Autumn 2025 – The roadmap promises to consult on a package of trade union measures, including electronic balloting and workplace balloting; simplifying trade union recognition processes; duty to inform workers of their right to join a trade union and rights of access. The roadmap also says that new rights and protections for trade union representatives will be covered by an Acas Code of Practice consultation. Two  consultations were launched on 23 October 2025 (which close on 18 December 2025) in respect of the duty to inform workers of their right to join a union and the rights of access. In addition, during the House of Lords debates on 28 October, the Government indicated that consultations on industrial action would continue in 2026 – so some aspects of these may be delayed from this Autumn timeline. 

• Winter 2025/early 2026 – The roadmap promises to consult on a further package of trade union measures, including protection against detriments for taking industrial action and blacklisting. Again, during the House of Lords debates on 28 October, the Government indicated that consultations on industrial action would continue in 2026 – so these may be delayed.
  
• Spring 2026 – The Government will also consult on a new statutory code of practice on trade union rights of access. This will set out best practice and include practical guidance on how access should be carried out by both trade unions and employers.

According to the Roadmap, trade union changes are set to be implemented in stages. Specific provisions will come into force upon Royal Assent or soon afterwards as follows: 

• Royal Assent: The Strikes (Minimum Service Levels) Act 2023 will be repealed.

• Two months after Royal Assent:  Repeal of the great majority of the provisions of the Trade Union Act 2016 and other trade union amendments including strengthened protections against dismissal for taking industrial action.

The Government has also said it will bring into effect the remaining trade union/collective bargaining measures as follows: 

• April 2026 – Simplifying the trade union recognition process; and electronic and workplace balloting
• October 2026
  • Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body
  • Duty to inform workers of their right to join a trade union
  • Strengthening trade unions’ right of access
  • New rights and protections for trade union reps
  • Extending protections against detriments for taking industrial action.
• In 2027 (although a specific date is not provided) – Blacklisting and industrial relations framework.