Trade Union Law: What Changes This Autumn

The Employment Rights Act 2025 makes wide-ranging changes to trade union law, and the bulk of them arrive in August and October 2026.

For a region with a strong trade union tradition across manufacturing, public services, transport and health, the changes have practical significance for both employers and workers.

Here is what is changing and when.

Recognition became simpler in April.

From 6 April 2026, rules simplifying the process by which a trade union can gain statutory recognition came into force.

Statutory recognition is the process by which a union can obtain the legal right to bargain collectively on pay, hours and holiday where an employer has not agreed voluntarily.

The process historically involved thresholds relating to membership levels and ballot support that unions frequently found difficult to meet. Simplifying it lowers the practical barrier to recognition.

Employers who have not previously dealt with a recognition request should understand the process before receiving one, since timescales once an application is made are tight.

Electronic balloting arrives in August.

From August 2026, electronic and workplace balloting is being introduced for union votes, replacing the requirement for postal ballots.

This is more consequential than it sounds. Statutory turnout thresholds apply to industrial action ballots, and postal balloting has depressed turnout for years, with ballots frequently failing on turnout rather than on the result.

Electronic balloting is generally expected to increase participation, which makes it more likely that ballots will meet thresholds and produce a mandate.

Employers in unionised workplaces should factor that into how they approach disputes.

October brings duties on employers.

From October 2026, employers acquire a legal duty to inform employees of their right to join a trade union.

The detail of how and when this must be done is expected in regulations, but the principle is that employees should be told the right exists rather than left to discover it.

This applies regardless of whether a union is recognised in the workplace.

Unions gain access rights.

Also from October, trade unions gain a strengthened right of access to workplaces.

The purpose is to allow unions to meet, represent and recruit workers, and access is subject to a defined process rather than being unlimited.

Employers will need a considered position on how access requests are handled, including practical arrangements for meeting space, timing and communication with staff.

Refusing access outside the permitted grounds is likely to carry consequences, and the process is expected to include a route for resolving disputes about access.

Representatives gain new rights.

New rights are being introduced for trade union representatives, covering matters including time off and facilities to carry out their role.

Union learning representatives and equality representatives have been part of the discussion around these provisions, alongside traditional workplace representatives.

Employers with recognised unions should review existing facility time arrangements against the new framework.

Protections are strengthened.

The Act introduces new protections against unfair practices during the recognition process, addressing conduct intended to influence the outcome improperly.

Protections against detriment for taking part in industrial action are also strengthened. Detriment means treatment short of dismissal, such as loss of overtime, changes to duties or exclusion from opportunities.

That closes a gap that has been the subject of litigation, and it means employers responding to industrial action need to be careful about how participants are treated afterwards.

What this means in the North East.

Union density in the region is above the national average in several sectors, reflecting the concentration of public sector employment, health, education, transport and manufacturing.

For employers in those sectors, the changes are likely to be felt directly and relatively quickly.

For employers in sectors with little current union presence, including much of hospitality, retail and small business, the recognition and access changes make organising more feasible than it has been, and the duty to inform staff of the right to join applies regardless.

Practical steps for employers.

Establish who in the organisation would handle a recognition request or an access request, and make sure they understand the timescales.

Review how the duty to inform employees will be met once regulations specify the mechanism, and build it into onboarding and staff communications.

Check that any policies referencing industrial action, facility time or union communications reflect the new framework.

Practical steps for workers.

Joining a union is a matter for the individual and cannot lawfully result in detriment.

Unions provide representation in disciplinary and grievance processes, advice on contracts and pay, and collective bargaining where recognised, and most operate reduced rates for low earners, part-time workers and those out of work.

The TUC maintains a tool for identifying which union covers a particular occupation.

What has changed for families already.

Family leave reforms formed part of the earlier phase, making paternity leave and unpaid parental leave available from the first day of employment rather than after a qualifying period.

Previously, fathers and partners generally needed 26 weeks of service before qualifying for paternity leave, and unpaid parental leave required a year.

For employers, this means checking that eligibility criteria in policies and payroll systems have been updated, since a system still applying the old qualifying periods will be refusing leave unlawfully.

Where to check the current position.

Commencement dates have moved during the passage of these reforms and could change again following the change of government in July 2026.

Gov.uk publishes commencement regulations, and Acas guidance is updated as provisions take effect.

Share your thoughts.

Do you think electronic balloting will change industrial relations?