Employment Rights Act 2025 new trade union rights – what employers need to know

Trade union rules are changing again on 30 October 2026, with two reforms which employers, including those with little or no current trade union involvement, should have on their radar.

The Employment Rights Act 2025 introduces a new obligation to inform workers about their right to join a trade union and a new statutory framework giving independent trade unions greater access to workplaces.

For many non-unionised employers, these changes will represent unfamiliar territory. Preparing now should make them considerably easier to manage.

A new duty to tell workers about their right to join a trade union

From 30 October 2026, employers will be required to provide workers with a written statement informing them of their right to join a trade union.

For new starters, this must be provided at the same time as the written statement of employment particulars, commonly referred to as the section 1 statement. Employers will also have an ongoing obligation to provide the information at other prescribed times.

The detailed requirements governing the content, format and timing of the statement are being dealt with through secondary legislation and Government guidance. Employers should therefore watch out for the final detail before amending their documentation.

Failure to comply can also have a financial consequence. Where a worker successfully brings one of a specified range of Employment Tribunal claims and the employer has failed to provide the required statement, the Tribunal can make an additional award equivalent to two weeks’ pay, or four weeks’ pay where it considers that appropriate.

In practical terms, this should become another routine part of the employer’s onboarding and HR compliance processes.

A new right for trade unions to access workplaces

Potentially more significant is the new statutory framework allowing independent trade unions to seek access to workplaces.

Access can be physical or digital and may be sought for purposes including meeting and supporting workers, recruitment, organisation and collective bargaining. It cannot be used for the purpose of organising industrial action.

This does not mean that a trade union can simply arrive at an employer’s premises and demand entry as there will be a formal process. A union can make an access request, the employer will have a prescribed period in which to respond, and the parties then have an opportunity to agree appropriate arrangements.

Current Government guidance provides for employers to respond within 15 working days, followed by a 25 working-day negotiation period. If agreement cannot be reached, the matter can be referred to the Central Arbitration Committee (CAC), which can determine whether access should be granted and on what terms. Employers with fewer than 21 workers are exempt from the statutory access regime.

The legislation envisages a balance. Unions should be able to engage meaningfully with workers, but access should not unreasonably interfere with the employer’s business and employers are expected to take reasonable steps to facilitate appropriate access.

What could this mean in practice?

The greatest impact may be felt by businesses which are not currently unionised.

The new regime potentially gives unions a route into workplaces where they previously had little or no presence, enabling them to communicate with workers, recruit members and potentially build support for collective bargaining.

That does not mean employers should approach an access request defensively. A measured and informed response is likely to be much more effective. Employers will need to understand what a union is entitled to request, what reasonable access might look like in their particular workplace and where legitimate operational concerns can be raised.

There is also a broader employee-relations point. Businesses with good communication, effective employee engagement and trusted mechanisms for employees to raise concerns will generally be better placed to navigate a changing industrial-relations landscape than those which start thinking about these issues only when an access request arrives.

What should employers do now?

Employers should consider:

• reviewing onboarding documentation and processes so the new trade union statement can be incorporated once the final requirements are confirmed;
• identifying who will take responsibility for any trade union access request;
• considering in advance how physical and digital access could work without unnecessarily disrupting the business;
• briefing HR teams and relevant managers on the new regime; and
• reviewing wider employee engagement arrangements, particularly in businesses with little previous experience of trade unions.

The administrative requirement to provide a statement should be relatively straightforward. The more significant change is likely to be the new access regime and the opportunity it gives trade unions to engage directly with workers in previously non-unionised businesses.

How we can help

To discuss how these changes may affect your organisation or to obtain advice, please get in touch with paul.mcgowan@collingwoodlegal.com. Our specialists are on hand to help you prepare with confidence.

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