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.

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 to “modernise the legislative framework that underpins our trade unions” and further regulations.

We don’t cover all the changes here, but key reforms (which have been amended during the bill’s passage through Parliament) currently include: 

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. Further details will be set out in regulations.

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

• To meet, support, represent, recruit or organise workers (whether or not they are members of a trade union) or to facilitate collective bargaining (‘access purposes’).
• Access means (1) physical entry to a workplace (although not to any part used as a dwelling) and/or (following recent Government amendments); (2) communication with, including providing information to, workers by any means whether directly or indirectly (for example via digital means). This is potentially very 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 how employers and unions can enter into access agreements for the access purposes. If employers refuse, unions will be able to apply to the Central Arbitration Committee (‘CAC’) for a determination as to access in accordance with certain principles, including the principle that union officials should be able to physically enter a workplace or communicate with workers (or both) for any of the access purposes in any manner that does not unreasonably interfere with the employer’s business.

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.

• 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 the 40% support threshold requirement in respect of workers engaged in important public services. However, the proposal to repeal the 50% turnout threshold is on hold to align with the development of e-balloting.
• Removing certain requirements regarding the provision of information to be included on the ballot paper.
• 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).

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.
• Strengthening unfair dismissal protection for employees who undertake protected industrial action 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

• Implementing (by way of regulations) new social care negotiating bodies, including the Adult Social Care Negotiating Body for England, which has representation from trade unions in the social care sector and persons representing the interests of employers of social care workers. The new body will, subject to regulations on the details, 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. Any agreements will be ratified by the Secretary of State so that they apply to all relevant employers. The aim will be to improve pay and conditions through a Fair Pay Agreement in adult social care – the details of which will be subject to consultation.
• 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. The new 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.

---

Timing and developments

Included in the Employment Rights Bill.

Specific provisions will come into force as follows:

• the Strikes (Minimum Service Levels) Act 2023 will be repealed on the day the Employment Rights Bill is passed; and
• relevant provisions of the Trade Union Act 2016 will be repealed and other amendments (such as in respect of the removal of the 40% support threshold for industrial action ballots) will come into force two months after the Employment Rights Bill is passed.

Further consultation and regulations are required on remaining reforms. 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. The Government’s response on 4 March 2025 confirmed the amendments that have been made to the Employment Rights Bill (details of which have been incorporated above). The Government promises further in due course (for example on lowering the admissibility requirements for the statutory trade union recognition ballot process, protections for trade union representatives and the delivery of e-balloting etc).

Save as indicated above, given the significance of these reforms, implementation in most areas is currently anticipated no earlier than 2026 although firm details on timing have not yet been provided.