Trade union reform under the Employment Rights Act — trends, priorities & planning implications

Originally published on 24 February 2026 and updated on 29 October 2026.

Trade union reform in the UK is entering a decisive new phase. After years of legislation that tightened the rules around lawful industrial action and made it increasingly difficult to organise, the Government is now moving to rebalance the system. 

Measures introduced through the Trade Union and Labour Relations (Consolidation) Act 1992 and later strengthened by the Trade Union Act 2016 added significant procedural hurdles that many viewed as limiting effective union representation.

The Employment Rights Act 2025 (ERA) represents a marked shift in direction, with the reforms set to have significant implications for unions, employers and workers. As the new framework beds in, it’ll be essential for all stakeholders to understand the changes, engage with the emerging regime and prepare for a more dynamic — and potentially more challenging — period of industrial relations.

Here, Joseph Shelston, Georgina Rothwell and Isobel Netherwood from our employment team break down the ERA’s major changes, including the removal of ballot thresholds, introduction of electronic voting, expanded union access rights and new employer obligations.

The current reform agenda

The legislative pendulum is now swinging back with the ERA reforms:

• Removing the 50% turnout and 40% support thresholds for industrial action ballots.
• Restoring a simpler majority-vote rule for industrial action.
• Reducing the notice period for industrial action to ten days.
• Extending the validity of a ballot mandate from six to 12 months.
• Enabling secure electronic balloting and streamlining post-ballot information requirements.

Many of the reforms are expected to take effect throughout 2026 and 2027.

Strengthened union access rights and further protections for union representatives are expected to take effect on 30 October 2026, while the new duty to inform workers about their trade union rights is due to follow on 1 January 2027. 

The Government’s intention is to: 

• Simplify the process for unions.
• Rebalance industrial relations by making it easier for unions to represent workers and call action when necessary, addressing what is seen by many as an “overly restrictive” regime.
• Reduce administrative burdens.
• Make industrial action more accessible.

The broader trend & Government roadmap 

Key measures include:

• As of 18 February 2026, most of the Trade Union Act 2016 and the Strikes (Minimum Service Levels) Act 2023 have been repealed.
• Simplified routes to union recognition and improvements to sick pay and parental leave came into force in April 2026.

Consultations on key reforms

A number of consultations connected to the ERA concluded at the end of last year, with further technical consultations continuing into 2026. The progress of these consultations provide important detail on how several of the ERA’s key reforms will operate in practice.

Trade union right of access 

A major reform is the introduction of new workplace access rights for independent trade unions from 30 October 2026.

The initial consultation which closed in December 2025 covered the process for unions to request access, employers’ obligations and response timelines and the principles that the CAC should apply when determining access. It also considered the enforcement regime, including penalties for non‑compliance. 

The purpose of the new regime is to enable unions to engage with, support, represent, recruit and organise workers and to facilitate collective bargaining. Access isn’t limited to physical visits. Trade unions may also be given access through existing workplace communication channels such as intranets, email systems and online meeting platforms, reflecting the reality of hybrid and remote working.

Alongside the consultation outcome, the Government published a draft statutory Code of Practice and started a period of consultation on the draft Code of Practice. In early July 2026, the final version of the draft Code of Practice was published alongside two sets of draft regulations. Together, they provide a detailed insight into how the right of access will work.

The new framework encourages employers and trade unions to agree access arrangements voluntarily wherever possible. Where that isn’t possible, a trade union with a certificate of independence may submit a formal access request using the statutory process. Employers will have up to 15 working days to respond and — if terms can't be agreed — either party may ask the Central Arbitration Committee (CAC) to determine whether access should be granted and on what terms.

The Code of Practice creates a presumption in favour of access that doesn’t unreasonably interfere with the employer’s business. Employers will generally be expected to facilitate access unless there’s a compelling reason not to do so. Requests may only be refused in limited circumstances, such as existing union recognition arrangements, overlapping requests or genuine health, safety or security concerns.

Access arrangements may include workplace meetings, online meetings, sharing information through internal communication channels and arrangements for hybrid, remote and shift workers. Employers will be expected to take reasonable steps to facilitate access but not to make significant structural changes to premises or IT systems.

The Code also places considerable emphasis on privacy. Employers will generally be expected to allow meetings to take place without monitoring attendance, questioning attendees or recording discussions, whether those meetings take place in person or online. Workers attending trade union meetings during working hours should generally be paid for that time.

Complaints about non-compliance with an access agreement may be made to the CAC. If the CAC upholds a complaint and there’s a further breach, financial penalties may follow.

The potential penalties are significant, with fines of up to £75,000 for an initial penalty order, £150,000 for a second breach and £500,000 for subsequent breaches. Separate complaints may arise in relation to different workplaces covered by the same agreement, so cumulative penalties could exceed £500,000. While these penalties are aimed at persistent non-compliance rather than genuine minor administrative mistakes, they underline the importance of handling access requests carefully and consistently.

Duty to provide a written statement of the right to join a trade union

At the same time as consulting on rights of access, the Government also sought views on the new requirement for employers to give workers a written statement confirming their statutory right to join a trade union. The consultation explored the form that the statement should take, what information it must include, how it should be delivered and how frequently it should be reissued. These measures will support the wider move to ensure that workers are fully informed of their rights under the ERA.

Currently, employees and other workers benefit from statutory protection against discrimination or detriment because of union membership. However, employers aren’t required to proactively inform workers of those rights. The new legislation seeks to address that gap by ensuring that workers are made aware of the protections available to them.

On 25 September 2026, the Government published its response to the consultation and confirmed that the duty will now come into force on 1 January 2027, rather than 30 October 2026. Regulations will prescribe a standardised statement that employers must use and may amend only to add specified workplace information. The statement will contain clear, neutral information about trade union functions, recognised trade unions and statutory access agreements (where applicable), the Certification Officer’s list of trade unions and workers’ statutory rights relating to union membership.

For new workers, the statement must be provided directly at the same time as their written statement of employment particulars. For existing workers, employers may provide it directly or make it continuously and reasonably accessible through an indirect method, such as an intranet. Direct delivery to existing workers must be repeated annually by 5 April. Where an indirect method is used, employers must tell workers where to find the statement and issue an annual reminder. The statement must also be reissued within one month if the identity of a recognised union or a union with a statutory access agreement changes.

Employers should review their onboarding processes, internal communication channels and annual reminder arrangements now, while remaining ready to incorporate the Government’s statement wording once the regulations are published.

Electronic & workplace balloting Code of Practice

The Government consulted on the Code of Practice that’ll sit alongside the new statutory framework for electronic and workplace balloting. This consultation, which closed in January 2026, considered the operational requirements for running compliant ballots, including security, verification mechanisms and employers’ responsibilities when balloting takes place in the workplace.

Electronic and workplace balloting for statutory trade union ballots took effect on 25 August 2026, with the electronic and workplace balloting for recognition and derecognition being introduced in 2027. 

Acas draft Code of Practice on time off for trade union duties

Acas consulted on a new statutory Code providing guidance on time off for union equality representatives, as well as the facilities and support employers must provide to union representatives more generally. The draft Code is intended to align with the enhanced rights introduced by the ERA and will play an important role in shaping good practice going forward.

The updated draft Acas Code of Practice is scheduled to take effect on 30 October 2026. 

Potential impact

The impact of all of these reforms is substantial for employers. The removal of statutory thresholds and procedural barriers will likely empower unions, increase the number of ballots for industrial action and enhance their leverage in collective bargaining, creating a cultural shift in the workplace. The introduction of electronic balloting and streamlined notification will also reduce their costs as well as administrative burdens.

The reforms will restore a stronger voice for workers and make it easier to take collective action when necessary, likely resulting in more trade unions being recognised.

The reforms will also reduce the risk of successful legal challenges to industrial action on technical grounds, increasing certainty for unions and their members. However, with increased union powers comes a responsibility to exercise them in line with legal requirements and good industrial relations practice.

Practical steps

Employers should already be reviewing any collective bargaining arrangements that they’re party to, developing contingency plans for industrial action and engaging proactively with unions to address workplace issues early.

Where employers don’t currently have a unionised workforce, you should also be proactively engaging and collaborating with employees to maintain positive relations. Employers might also consider the introduction of internal workplace councils to deal with matters that may otherwise be subject to collective bargaining agreements if the workforce was unionised.

Employers will need to review and update policies, monitor ongoing consultations, ensure compliance with new statutory requirements and Codes of Practice and provide training to managers on the reforms and new protections for union members.

Understanding levels of workforce dissatisfaction and potential areas of employee concern may also help employers to prepare for increased trade union activity and respond constructively to employee relations issues.

Talk to us

We understand that the evolving trade union landscape presents both challenges and opportunities for employers. With deep expertise in employment law and a proven track record advising on trade union matters, our award-winning team is well placed to help you to navigate the implications of the ERA.

Whether you're preparing for increased union engagement, reviewing recognition agreements or planning for legislative change, we offer pragmatic, forward-thinking support tailored to your needs.

Talk to our team by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.