Understanding the Trade Union Reforms in the Employment Rights Act 2025: What Employers Need to Know
Welcome to this edition of The Bellevue Brief Blog, where we break down key developments in employment law and what they mean in practice for HR teams, managers, and business leaders.
In our latest podcast episode, Susanne Hartigan (Head of Legal Practice) and Associate Anjali Malik explored one of the most significant areas of change introduced by the Employment Rights Act 2025 (ERA 2025): the reforms affecting trade unions. While some changes took effect immediately when the Act received Royal Assent in December 2025, others are due to come into force throughout 2026.
These reforms form part of the Government’s agenda to strengthen workers’ rights and roll back previous legislation seen as restrictive to trade unions. But what does this mean practically, particularly for non‑unionised SMEs or employers with limited experience of dealing with trade unions?
Below, we break down the key reforms, the likely implications for employers, and proactive steps organisations can take now.
- A New Duty to Inform Workers of Their Right to Join a Trade Union
One of the most notable upcoming changes is the introduction of a requirement for employers to provide all workers with a statement confirming their right to join a trade union. This is expected to come into force in October 2026.
What will the statement include?
Although still subject to consultation, the Government has set out its preferred content:
- A brief overview of what trade unions do;
- A summary of workers’ statutory rights regarding union membership;
- Any trade unions recognised by the employer; and
- A link to a government website listing approved unions.
Format and Delivery
The Government favours:
- A standardised template issued centrally;
- For new starters: inclusion with the Section 1 statement/employment particulars; and
- For existing workers: annual notification, either directly (e.g. email) or indirectly (e.g. intranet or noticeboard).
Practical impact
For most employers, this will be primarily an administrative update, but one with real cultural implications. A workforce that is better informed about trade unions may be more open to engaging with them, particularly in the context of other reforms that make trade union access easier.
- A New Statutory Right for Trade Unions to Access Workplaces
Perhaps the most significant shift is the creation of a statutory right for qualifying trade unions to access workplaces. This reform is also expected to take effect in October 2026.
What does “access” mean?
Unions will be able to:
- Visit workplaces physically;
- Communicate with workers digitally;
- Meet or recruit workers; and
- Seek recognition.
The access right cannot be used to organise industrial action.
What is a “qualifying trade union”?
A union that:
- Holds a certificate of independence; and
- Appears on the Certification Officer’s [LINK to CO website: Certification Officer – GOV.UK] official register.
How will access requests work?
The process envisaged by the Government includes:
- A written request from the union (via email or letter);
- A requirement for employers to respond within five working days;
- A 15‑day negotiation window to agree the terms of access; and
- Notification to the Central Arbitration Committee (CAC) if access is agreed.
If the employer does not respond or an agreement cannot be reached the union may apply to the CAC. The CAC will then determine:
- Whether access must be granted;
- On what terms; and
- What assistance the employer must provide.
Will all employers be affected?
Possibly not. The Government is consulting on exempting organisations with fewer than 21 employees.
And in practice, regular trade union access is still most likely in manufacturing, retail, hospitality and other traditionally unionised sectors. Nonetheless, all employers should be aware of their potential obligations.
- Simplification of the Statutory Recognition Process
From April 2026, the statutory route for unions to achieve recognition for collective bargaining will become easier. Current thresholds such as minimum membership levels and ballot requirements will be lowered or removed, with simplified voting rules.
This may make it easier for unions to secure and leverage recognition in previously non‑unionised workplaces.
- Additional Reforms Worth Noting
The ERA 2025 also introduces:
- Enhanced protections for workers taking protected or official industrial action (from October 2026); and
- The Fair Work Agency, a new regulator responsible for enforcing labour rights such as holiday and sick pay, areas where unions may play a role.
Although many of these changes are technical, together they represent a substantial increase in trade union power and protections.
What Does This Mean for Employers?
For larger employers
Those already operating in a unionised environment may not experience dramatic change, but should expect:
- Stronger union bargaining positions;
- Adjusted timelines and processes for industrial action; and
- Potential increases in union activity.
For currently non‑unionised employers
There is more to navigate. Challenges may arise if:
- The organisation has limited employee relations (ER) expertise;
- There are existing ER concerns; or
- A union seeks to establish a presence quickly.
An unexpected union approach can become complex if not managed promptly and lawfully especially given the CAC’s involvement if agreement cannot be reached.
Proactive steps to consider now
Employers may wish to:
- Train HR teams on the upcoming reforms;
- Review and update employment contracts and induction materials;
- Consider whether a trade union access policy is needed; and
- Reflect on internal employee voice mechanisms and strengthen engagement channels such as employee forums, listening groups and engagement surveys, as addressing workplace concerns early and ensuring employees feel heard can reduce the appeal of external representation.
Importantly, employers must avoid any actions that could be viewed as deterring or undermining legitimate trade union activity.
Final Thoughts
The ERA 2025 marks the biggest shift in trade union and industrial relations law in more than a decade. While many details will be fleshed out in forthcoming secondary legislation, the direction of travel is clear: greater transparency, easier access for unions, and a strengthened framework for worker representation.
At Bellevue Law, we’ll continue to monitor developments closely and provide updates as further guidance and regulations are published.
If your organisation would benefit from tailored advice, training, or support in preparing for these reforms, our employment team is here to help.
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