New trade union rules will come into force on October 30 under the Employment Rights Act 2025, affecting millions of workers. The measures are part of a broader overhaul of workers' rights that began when the act became law in December last year.
What the new rules include
The new rules strengthen trade unions' right of access to the workplace, allowing unions to negotiate physical and virtual access. If negotiations fail, access terms may be imposed by the Central Arbitration Committee (CAC). This is intended to let union officials communicate with workers for purposes such as representing, recruiting or organising members, and to facilitate collective bargaining.
Trade union representatives will also gain new rights and protections, including reasonable accommodation and facilities while carrying out their duties, and a new right to time off for 'equality related duties' such as representing members, consulting with employers, providing advice and supporting equality at work.
Recognition and industrial action
Reforms to access and unfair practices during the recognition process mean that if an employer does not voluntarily recognise a trade union for collective bargaining, the union can apply to the CAC for statutory recognition. An updated Code of Practice will provide practical guidance on a union's access to workers during the recognition and derecognition process.
Protections against detriments for taking industrial action will also be extended. Employers will be prohibited from treating workers unfairly if the main purpose is to penalise, prevent or deter a worker from taking protected industrial action.
Further changes in 2027
Next year, rules around trade unions will be tightened further. From January 2027, employers will have a duty to tell workers about their right to join a trade union, and will be required to provide a standardised statement covering the functions of a trade union, information on recognised unions and which ones the employer has statutory access agreements with.
Other changes expected in 2027 include new laws to protect trade union members from being 'blacklisted' and the right for workers to vote electronically in ballots for trade union recognition and derecognition.
Changes already implemented under the act include the right to vote electronically in ballots on industrial action and union elections, and the scrapping of rules around 'minimum service levels' for strikes. Other changes include new rules on sick pay, which came into force in April this year, and the right to paternity and parental leave from day one in the job. This week, the government confirmed major changes to bereavement leave will come into force in April next year, while new guidance on working from home will also take effect next year.
