Trade Union Reform in the UK | Key Employment Law Changes Employers Need to Know

Following the introduction of the Employment Rights Act 2025, the Government has begun implementing a series of significant reforms designed to strengthen trade union rights, simplify recognition procedures and make industrial action easier to organise.

Many of these changes have already come into force during 2026, while further reforms are scheduled throughout the remainder of the year. Employers should therefore ensure that they understand the evolving legal framework and how this may look in their organisation.

1. Industrial Action

Since February 2026, several restrictions on industrial action have been removed or relaxed.

Key changes include:

• Certain sectors can no longer require minimum service levels are maintained during industrial action.
• Extension of ballot mandates from six months to twelve months following a successful industrial action ballot.
• Reduction of the notice period for industrial action from 14 days to 10 days.
• Removal of the legal requirement to appoint a picketing supervisor.
• Enhanced protection against dismissal for employees participating in lawful industrial action.

These reforms make it easier for unions to maintain industrial action over longer periods and reduce the administrative burden associated with organising such action.

2.Trade Union Recognition Becomes Easier

One of the most important developments for employers came into effect in April 2026.

The statutory process for workplace union recognition has been simplified significantly. Unions are no longer required to demonstrate that a majority of workers in a proposed bargaining unit are likely to support recognition before an application can proceed. Where recognition is determined through a ballot, only a simple majority of votes cast is required, with the previous requirement for at least 40% support of the bargaining unit having been removed.

3.Statement of Rights

From October 2026 every employer (regardless of whether the employer is unionised) will have a proactive legal obligation to inform all workers of their right to join a trade union. The statement must be issued to workers on their first day of employment, along with the usual written terms of employment.

There will also be a duty on employers to inform its existing workforce of their right to join a union and remind them (most likely on an annual basis) of that right.

4.Right of Trade Union to Workplace Access

From October 2026, trade unions with a certificate of independence will be able to seek workplace access agreements that will allow union officials to communicate both physically and digitally with workers. The union requesting access does not need to be recognised or to have been recognised by the business in the past, nor does the union require any existing workers to be members.

Trade unions will be able to meet, support, represent, recruit or organise workers, or facilitate collective bargaining.

Upon receipt of a request, a business has 15 days to respond. There will then be 25 day negotiating period to determine what any access agreement will look like. If negotiations fail or the timeline is not met, either party can refer the matter to the Central Arbitration Committee, which will have powers to impose access arrangements based on their own model agreement.

It is therefore in the interest of employers to agree terms voluntarily with the union where possible to ensure any agreement works best for their business.

What Does This All Mean for Employers?

The direction of travel is clear - the government is seeking to strengthen collective workplace rights and increase trade union participation.

Employers should consider:

• Reviewing existing industrial relations policies.
• Update contracts of employment from 2026 to inform staff of the right to join a union
• Training managers on trade union rights and recognition procedures.
• Assessing readiness for potential workplace access requests.
• Ensuring employee engagement strategies remain effective.
• Monitoring further legislative developments throughout 2026 and 2027.

Organisations with recognised unions may also wish to review collective bargaining arrangements to ensure they remain fit for purpose in light of the changing legal landscape.

Looking Ahead

Easier recognition procedures, enhanced workplace access, longer industrial action mandates and stronger protections for union activity are likely to increase union influence across a wide range of sectors.

As further provisions come into force, employers should continue to monitor developments closely and seek legal advice where appropriate to ensure compliance, minimise risk and do what is best for their business.

If you would like guidance on how these changes could affect your organisation, please get in touch with our Employment team for practical, tailored advice.