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

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, even where a majority of workers supported it.

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 and Georgina Rothwell from our employment team breaks 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 (expected to be between seven to ten days).
• Extending the validity of a ballot mandate from six to 12 months.
• Enabling secure electronic balloting and streamline post-ballot information requirements.

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

Consultations

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

Duty to provide a written statement of the right to join a trade union (closed 18 December 2025)

The Government 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 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.

Trade union right of access consultation (closed 18 December 2025)

This consultation examined the practical arrangements for implementing the new statutory right for trade unions to access workplaces. It 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. A statutory Code of Practice is expected to follow later in 2026.

Electronic & workplace balloting Code of Practice (closed 28 January 2026)

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

Acas draft Code of Practice on time off for trade union duties (open until 17 March 2026)

Acas is consulting on a new statutory Code that’ll provide 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 broader trend & Government roadmap

The ERA forms part of a wider package of reforms under the Government’s ‘Make Work Pay’ initiative to modernise the UK’s employment rights framework. The Government’s roadmap sets out a phased approach, with trade union reforms leading the way. 

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, electronic and workplace balloting and improvements to sick pay and parental leave will come into force in April 2026.
• Strengthened union access rights, new duties for employers to inform workers about union rights and further protections for union representatives are expected in October 2026 and beyond.

Potential impact

The impact 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 now already be reviewing any collective bargaining arrangements 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, employers 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.

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.