30 October 2026 marks the implementation of the much-anticipated changes to trade union rights set out in the Employment Rights Act 2025.
They form part of the Government's wider programme of employment law reform and are intended to strengthen trade union rights while providing a clearer framework for workplace engagement and representation. However, some of the proposed changes have been delayed.
What are the changes to Trade Union rights?
Both trade unions and employers should be aware of the new and amended rights coming into force. The measures span several areas of workplace relations and are designed to support greater engagement between workers, employers and trade unions.
These rights include:
- Employers being required to provide reasonable accommodation and facilities to trade union representatives carrying out their duties;
- Updated rules on independent trade unions’ right of access to the workplace;
- Paid time off for union equality representatives to perform their duties;
- Trade union recognition, including changes relating to access and unfair practices;
- Protection from detriment for industrial action;
- The requirement to inform workers of their right to join a trade union (although this change has now been delayed until January 2027).
In addition, there will be an updated ACAS Code of Practice on trade union recognition.
Trade union representatives must be provided with reasonable accommodation and facilities when carrying out their duties
A new statutory right will require employers to provide trade union representatives with accommodation and facilities to carry out their duties or undertake training.
Accommodation and facilities provided to a trade union representative must be reasonable. They should be relevant to the representative’s role and should not cause significant difficulty to the employer. Examples of reasonable facilities may include a private meeting room, office equipment or access to the employer’s intranet.
Independent trade unions’ rights of access to the workplace
Independent trade unions will have a new right to request access to the workplace and to engage with workers, either physically or digitally. This right will apply to employers with 21 or more workers.
Employers will be required to take reasonable steps to facilitate access for meetings, representation, and recruitment purposes, unless doing so would result in unreasonable disruption to the business.
What happens if an employer does not agree to a trade union access request?
If an employer does not agree to an independent trade union’s request for access, they must explain their reasoning for refusing the request. The employer and trade union will then have an opportunity to negotiate the access request arrangements further.
If an agreement cannot be reached, either the trade union or the employer may apply to the Central Arbitration Committee (CAC), which will determine the terms of the access agreement.
Where an employer does not voluntarily recognise a trade union, the union can apply to the CAC to gain statutory trade union recognition.
Paid time off for union equality representatives to perform their duties
The reforms strengthen the rights of union equality representatives by providing them with a statutory right to paid time off to carry out their duties.
Union equality representatives will have the same rights as other trade union representatives in relation to access rights and access to reasonable accommodation and facilities to carry out their duties.
Trade union recognition – access and unfair practices
An updated ACAS Code of Practice will come into effect on 30 October, providing revised guidance on trade union recognition and derecognition processes for both unions and employers.
Key changes to the recognition process introduced by the Employment Rights Act 2025 include:
- Rules relating to unfair practices will apply from the point at which the CAC accepts a recognition application;
- Trade unions being able to seek access to the workforce from the point at which the CAC accepts a recognition application;
- A reduction to 15 working days for trade unions and employers to negotiate access arrangements, with both parties being able to agree to extend this time;
- An increase in the time limit from one working day to five working days for raising an allegation of unfair practice following a recognition or derecognition ballot being closed;
- The CAC will no longer be required to consider the effect on the recognition ballot when considering an allegation of unfair practice.
The Code of Practice will also recommend:
- The suggested access meeting frequency is increased to five days;
- There is a minimum duration of 45 minutes for union access meetings;
- Additional guidance on trade union digital access and digital communications.
Protection from detriment for industrial action
Employers will no longer be allowed to treat workers unfairly if the main purpose of the treatment is to prevent, penalise or deter the worker from taking industrial action. This amendment will protect workers who choose to take industrial action, while allowing employers to take appropriate measures in response to such action, without imposing a detriment on workers.
Employers can still withhold pay for the time a worker spends taking industrial action.
Informing workers of their right to join a trade union
On 25 September 2026, in response to the public consultation, the government announced that the new employer duty to inform workers of their right to join a trade union has been delayed and will now come into force in January 2027, rather than on 30 October 2026.
This duty requires all employers, regardless of their size, to provide their workers with a written statement setting out their right to join a trade union. The government is expected to issue further guidance on the wording of the statement and what information must be included.
With the delay, employers and trade unions will both have additional time to prepare and work together to minimise disputes.
