Changes to trade union rights 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.

These changes apply to all employers in Great Britain (England, Scotland, and Wales).

Summary of changes

The reforms fall into four areas. Workers are to get a written statement of their right to join a trade union. Unions gain a statutory right to access workplaces. Industrial action ballots can be held electronically or at the workplace. Statutory recognition is simpler, with lower thresholds.

Written statement requirement

The government plans that, from 1 January 2027, workers must get a statement that they have the right to join a trade union. You give it at the same time as the written statement of employment particulars. The government has not made the rules yet.

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 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
• require reasonable notice before a visit
• choose suitable meeting areas

You cannot:

• refuse access without a reasonable justification
• set conditions designed to prevent access in practice
• penalise employees for meeting 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 ballot members electronically or at the workplace.

Changes to recognition and industrial action

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

• The Central Arbitration Committee recognition process is simpler, and the 40% turnout requirement in recognition ballots was removed from 6 April 2026.
• The extra 40% support threshold for industrial action ballots in important public services was removed from 18 February 2026. The general 50% turnout threshold still applies, because the provision that would repeal it has not been brought into force.
• The Strikes (Minimum Service Levels) Act 2023 was repealed on Royal Assent in December 2025.
• Restrictions on reporting facility time have been removed.
• You cannot charge unions for deducting subscriptions through payroll (check-off).

What to do

• Add the right to join a trade union to your template written statement.
• Identify suitable meeting spaces and set up a process for handling access requests.
• Make sure line managers understand the access rules and know not to penalise union activity.
• Update your industrial action contingency plans for faster balloting and lower thresholds.
• If your workforce is approaching 21 workers, the threshold for statutory recognition, be aware of the simpler process.