Trade union rights: what has changed for employers

The Employment Rights Act 2025 makes significant changes to trade union law. These reforms reverse many restrictions introduced by the Trade Union Act 2016 and create new rights for unions and their members. Most changes came into force in February 2026, with some provisions subject to further commencement regulations.

This guide explains what has changed and what employers need to do. It applies to all employers in Great Britain (England, Scotland, and Wales).

Summary of changes

The ERA 2025 trade union reforms fall into four main areas:

• Written statements: Must now include information about the right to join a trade union
• Workplace access: Trade unions gain a statutory right to access workplaces
• Balloting: Electronic and workplace balloting now permitted
• Recognition: Simplified statutory recognition process with lower thresholds

Written statement requirement

From April 2026, all written statements of employment must include a notification that the employee has the right to join a trade union. This applies to new starters and must be included in the principal statement provided on or before day one.

You do not need to recommend or endorse union membership. The requirement is to inform the employee that the right exists. A simple statement such as "You have the right to join a trade union" is sufficient.

Existing employees do not need updated written statements immediately, but you should update them when statements are next revised for any reason.

Workplace access rights

This is one of the most significant changes for employers. Trade unions now have a statutory right to access workplaces for recruitment and organising purposes, even where no union is currently recognised.

What you can and cannot do

• You can: Set reasonable conditions on timing, location, and health and safety requirements
• You can: Require reasonable notice before a visit
• You can: Designate appropriate meeting areas
• You cannot: Refuse access without a reasonable justification
• You cannot: Set conditions designed to prevent access in practice
• You cannot: Penalise employees for meeting with union representatives

ACAS will publish a statutory code of practice on workplace access. Tribunals will take the code into account when considering complaints.

Electronic and workplace balloting

The ERA 2025 ends the requirement for industrial action ballots to be conducted by post only. Unions can now ballot members electronically or at the workplace.

Changes to recognition and industrial action

The ERA 2025 also makes broader changes to trade union law:

• Simplified recognition: The Central Arbitration Committee process has been streamlined. The requirement for 40% turnout in recognition ballots has been removed
• Repeal of ballot thresholds: The Trade Union Act 2016 thresholds (50% turnout, 40% support in important public services) have been repealed
• Repeal of minimum service levels: The Strikes (Minimum Service Levels) Act 2023 was repealed on Royal Assent (December 2025)
• Facility time: Restrictions on reporting facility time have been removed
• Check-off: Employers can no longer charge unions for payroll deduction of subscriptions

What you should do now

• Update employment contracts: Add trade union membership notification to your template written statement
• Prepare for workplace access: Identify suitable meeting spaces and establish a process for handling access requests
• Train managers: Ensure line managers understand the new obligations, particularly around workplace access and not penalising union activity
• Review industrial action plans: Update contingency plans to account for faster balloting and lower thresholds
• Check recognition status: If your workforce is approaching the 21-employee threshold for statutory recognition, be aware of the simplified process