What leaders need to know now
The Employment Rights Act 2025 is now law, having received Royal Assent on 18 December 2025.
The first phase of trade union reforms comes into force from 18 February 2026, with further changes landing in April and October 2026.
For some businesses, this feels procedural. For others, especially those seeing increased re-organisation activity or navigating restructuring, it feels significant.
If you are a CEO, Business Leader, HR Director, or standalone HR Manager, this guide will help you understand:
- What the current legal position is
- What the Employment Rights Act 2025 changes or clarifies
- The risks of getting it wrong
- How to engage constructively with unions
- What practical steps you can take now
For the broader legislative context and timeline, you can also read our dedicated guide here.
What are the current legal rights around union recognition and access?
Trade union recognition in the UK is governed primarily by the Trade Union and Labour Relations (Consolidation) Act 1992.
There are two routes:
1. Voluntary recognition
An employer agrees to recognise a trade union for collective bargaining.
2. Statutory recognition
A union can apply to the Central Arbitration Committee under Schedule A1 of the 1992 Act, provided certain thresholds are met, including minimum worker numbers and support levels.
The statutory framework sets out how bargaining units are determined and when ballots are required. This process is structured, not informal.
In parallel, there is a Code of Practice on access and unfair practices during recognition and derecognition ballots. Tribunals and decision makers can take Codes of Practice into account when assessing conduct and reasonableness.
Once a union is recognised, trade union representatives have statutory rights to reasonable paid time off for duties and certain activities. This is supported by the ACAS Code of Practice on time off for trade union duties and activities.
So the foundation is already clear. Recognition and access are not new concepts. They are part of the established framework of rights at work and trade unions.
What is changing is the wider environment in which they operate.
What changes or clarifications does the Employment Rights Act 2025 bring?
According to ACAS and the government’s implementation timeline, trade union reforms begin to take effect from 18 February 2026, with further measures rolling out later in the year.
Key confirmed changes include:
- Simplified industrial action ballot information requirements
- Removal of the 40% support threshold in certain important public services
- Reduction in the notice period for industrial action that Trade Unions are required to provide from 14 to 10 calendar days
- Extension of industrial action mandates from 6 to 12 months
- Extended protection against unfair dismissal for taking part in protected industrial action
- Removal of the requirement for Trade Unions to supervise picket lines
- Changes to political fund rules and reporting requirements
- Removal of certain investigatory and financial penalty powers from the Certification Officer
The government has also launched consultations on:
- Updated Codes of Practice governing access and unfair practices
- Recognition and derecognition processes
- Electronic balloting
The government’s published implementation timeline confirms that from October 2026:
- Employers will have a duty to inform workers of their right to join a trade union
- Union workplace access rights will be strengthened
This is not just a technical tweak. It signals a shift in emphasis towards earlier engagement, clearer access, and greater scrutiny of employer conduct during recognition campaigns.
What is Trade Union Access?
Trade union access: what this means in practice
One of the most important developments under the Employment Rights Act 2025 is the strengthening of trade union access to workplaces.
From October 2026, employers will have:
- A clearer duty to inform workers of their right to join a trade union
- Strengthened expectations around union access during recognition processes
Union access rights
This builds on existing statutory recognition frameworks and the current Code of Practice on access and unfair practices.
So what does “access” actually mean for employers?
It does not mean:
- Unrestricted physical access at any time
- Unrestricted digital access to internal systems, email networks, or employee communication platforms
- Disruption to business operations
- Loss of managerial authority
It does mean:
- Employers must respond reasonably to access requests
- Processes and communications may be more closely scrutinised
- Early-stage conduct during recognition campaigns will matter more
In practice, organisations should be thinking about:
- How access requests are handled to ensure they are responded to within the allocated deadlines
- How external visitors are handled generally
- What policies exist on site, and how these are accessed and communicated
- Whether rules are applied consistently across different groups
- How managers are briefed if approached directly
For unionised environments, this is about refining what already exists.
For non-unionised employers, particularly larger or growing businesses, this is about preparation rather than resistance.
The tone you set early shapes everything that follows.
Handled calmly and consistently, trade union access becomes a structured channel for dialogue.
Handled defensively, it can escalate quickly.
What risks do employers face if they mishandle union approaches or access requests?
For a growth-focused business leader or founder, the fear is often reputational and financial, operational and cultural, and there are risks of personal exposure and lack of experience.
The risks fall into three main areas.
Getting the process wrong can turn a manageable industrial relations issue into a formal legal dispute.
There are also fines for breach of access agreements, which are currently set as up to £75,000 for the first breach and then up to £150,000 for repeat breaches. The fines are determined by the Central Arbitration Committee (CAC).
1. Escalation during industrial action
From February 2026, industrial action may be easier to sustain due to longer mandates and shorter notice periods.
That increases the importance of:
- Business continuity planning
- Clear internal communications
- Calm leadership
2. Cultural damage
If managers respond defensively or dismissively, union interest can accelerate rather than reduce.
In our experience, most escalations do not come from the existence of unions but from poorly handled early conversations.
3. Employment tribunals
If employees suffer a detriment or are dismissed for trade union membership or activity, claims may arise.
Poor documentation, inconsistent treatment, or emotional decision-making during recognition campaigns can increase risk.
Tribunals can take relevant Codes of Practice into account when assessing reasonableness.
How can HR leaders and managers engage constructively without fear or friction?
Trade unions are not inherently adversarial.
In many organisations, they function as structured employee voice channels.
Constructive engagement looks like this:
- Early clarity on meeting structure and expectations
- Transparent communication with employees
- Consistent application of rules
- Evidence-led decision-making
- Training managers on what they can and cannot say
Manager confidence and, therefore, capability is often the weak link. That is why we focus heavily on practical, scenario-based training for people managers:
Check out our Learning & Development for People Managers here > https://hunteradams.co.uk/hr-consulting/learning-development/for-people-managers/
The goal is not to eliminate disagreement. It is to prevent disagreement from becoming chaos.
What practical steps can organisations take now?
Preparation reduces fear.
Here are five practical actions you can take now.
1. Review your current position
Are you unionised, partially unionised, or not at all?
Do you have clear mechanisms for employee voice?
How are internal communications managed, are there consistencies in approach?
2. Audit your policies and onboarding materials
With the October 2026 duty-to-inform workers approaching and the Government yet to define how to inform your employees and the regularity of this, you may look at current policies and onboarding material to identify any adaptations to current practices that may help compliance when the reform goes live.
3. Strengthen your employee relations framework
Clear investigation processes.
Clear grievance handling.
Clean documentation.
If you need structured support, this is where our specialist team works daily:
Check out our Employee Relations Services here > https://hunteradams.co.uk/hr-consulting/employee-relations-services/
4. Scenario-plan for change
If you are entering a cost reduction, restructuring, or downsizing activity, union interest often increases.
Proactive planning matters:
We can support with Cost Reductions and Downsizing > https://hunteradams.co.uk/hr-consulting/cost-reduction-downsizing/
5. Train managers before a live issue arises
Confidence and consistency at the line manager level prevent most avoidable risk.
Our perspective at Hunter Adams
The Employment Rights Act 2025 does not mean employers lose control.
It means the framework around rights at work and trade unions becomes clearer and, in some areas, more accessible.
Handled well, union engagement can:
- Improve consultation quality
- Increase transparency
- Reduce tribunal risk
- Strengthen employee trust
Handled badly, it can escalate into conflict and reputational damage.
We see this as an opportunity for businesses to demonstrate mature leadership.
Whether you need interim HR support, structured employee relations guidance, manager training, or help navigating recognition or industrial action, we step in and deliver.
Clear advice. Practical support. A safe pair of hands.
And always focused on helping you grow.
For a full overview of how we support organisations across consulting, interim, and employee relations, see our Services Overview.
Get in touch with us for more information on any of our services and to find our how we can support you – https://hunteradams.co.uk/contact/
