Employers should prepare for a shift in industrial relations as trade unions gain more access to workplaces and employees receive stronger rights and protections.

What is the current situation?

The relationship between trade unions, employers, and workers is currently shaped by multiple statutory provisions. These outline the legal process for recognising a trade union, along with rules covering industrial action ballots, protections for union members, and the rights of union representatives in the workplace.

At present, unions have no automatic right to enter workplaces without employer permission, unless ordered by the Central Arbitration Committee (CAC). Employers also have no specific obligation to inform workers about their right to join a trade union.

What’s changing and when?

The Employment Rights Bill introduces major reforms in how unions, employers, and workers interact.

Union access to workplaces

Trade unions will have the right to request access to meet, represent, or organise workers, even those who are not members. This access will apply both in-person and digitally, meaning email outreach and online meetings may be included. Employers will be required to respond within a set time, and the CAC could step in to impose arrangements if no agreement is reached.

Required disclosure of union rights

Employers will be obliged to provide workers with a written statement confirming their right to join a trade union. This will likely be issued alongside the section 1 statement of employment particulars.

Simplifying strike action rules

Key procedural requirements for industrial action will be eased: shorter notice periods, no turnout thresholds for ballots, and extended mandates for industrial action from six months to a year.

Protection for strike action

The 12-week limit on protection from unfair dismissal for lawful strike participation will be removed. Workers will also gain new protections against being treated detrimentally for taking part in protected industrial action.

Simplifying the statutory recognition process

Unions will only need to show 10% membership in the proposed bargaining unit to apply for recognition, with majority support of voting members being enough to succeed.

Enhanced right to time off

Paid time off for union representatives will be presumed reasonable unless the employer can prove otherwise. Equality representatives will also have a right to reasonable paid time off to improve workplace equality.

What you need to do now

• Train managers to work constructively with unions, developing negotiation, conflict resolution, and consultation skills.
• Set up works councils or other engagement forums to strengthen workforce communication.
• Identify potential causes of union activity, such as dissatisfaction with pay or working conditions, and address them proactively.
• Watch for early signs of potential industrial action or union recognition drives.