What do we know so far about new trade union rights to apply from October 2026?
October brings about changes to trade union rights, as part of the Employment Rights Act 2025.
For more information on how the Employment Rights Act will affect your business contact a Croner HR and Employment Law professional today.
Call 0800 470 9999.
What will change regarding trade unions in October?
Trade unions will now have a statutory right to access workplaces to meet, recruit organise and represent workers. A new chapter has been introduced into the Trade Union and Labour Relations (Consolidation) Act 1992 (5ZA).
The ‘Make Work Pay: draft code of practice on trade union right of access’ Code of Practice is anticipated to act as a practical guide for employers, while awaiting formal sign-off and final endorsement from both the House of Commons and the House of Lords.
Workers to be informed of their right to join a union.
Extended rights for trade union representatives.
Extended detriment protections for those involved in industrial action.
Trade union access agreements introduced.
Unfair practices prohibited relating to recognition and derecognition process.
Establishment of Fair Pay Agreements process.
What must employers do to ensure that they uphold legal compliance?
Prepare to provide a separate statement (in addition to employment contracts) regarding the right of employees to join a trade union.
Review facilities that union representatives currently have access to and ensure that they have adequate access to meeting spaces and communication tools.
Train management and leadership not to view the participation in industrial action as negative or to act negatively as a result in any way. Ensure that internal performance, reward and promotion processes are reviewed to ensure that they are not influenced by participation in industrial action.
Ensure that your recognised unions have appointed (or have intentions of appointing) equality reps, and update the relevant policies on time off for union duties accordingly to include equality reps. You should inform management of the changes and review where necessary.
Note: whilst it’s not an obligation to have reps, employers do need to ensure they are provided with time off and facilities.
Understand obligations and set a clear process when responding to trade union access requests.
Ensure your business understands trade union rights
Talk to a member of our HRand Employment Law team today to ensure your contracts and documents are up to date and avoid costly employment tribunals.
Call today on 0800 470 9999.