When many employers hear the words “trade union legislation”, they may assume it only applies to large organisations or businesses where unions are already active.
However, changes introduced through the Employment Rights Act 2025 could affect a much wider range of employers.
The legislation introduces changes to trade union recognition processes, workplace access rights, industrial action protections and employer responsibilities. Even businesses without a recognised trade union should understand what is changing and how it could impact their organisation.
What is changing?
The Employment Rights Act 2025 makes a number of changes to the existing trade union framework under the Trade Union and Labour Relations (Consolidation) Act 1992.
The aim is to simplify certain trade union processes, strengthen access arrangements and provide additional protections around trade union activity.
Key changes include:
- Changes to trade union recognition processes: Where a trade union applies for statutory recognition, employers will have new requirements around providing information about the workers within the proposed bargaining unit. The changes are designed to make the recognition process more structured and reduce disputes about which workers should be included.
- Increased trade union access rights: From October 2026, trade unions will have enhanced rights of access to workplaces. Employers will need to understand how these requests should be managed, including considering appropriate arrangements around communication, facilities and avoiding unnecessary disruption to business operations. Importantly, providing access does not automatically mean recognising a trade union for collective bargaining purposes. However, employers will need to ensure they have appropriate processes in place to respond correctly.
- New duty to inform workers of their right to join a trade union: From October 2026, employers will have a new obligation to inform workers of their right to join a trade union. Businesses will need to consider how they communicate this information and ensure their practices remain compliant.
- Changes to industrial action protections: The Act also changes aspects of industrial action legislation, including increased protections for workers taking part in lawful industrial action and changes to some of the requirements placed on trade unions.
What does this mean for employers?
For businesses, the key message is preparation.
Even where there is currently no union presence, employers should consider:
- Do managers understand how to respond if employees raise trade union matters?
- Are workplace communication processes clear and consistent?
- Are policies and procedures up to date?
- Are leaders equipped to handle employee relations issues proactively?
A positive employee relationship is one of the strongest ways businesses can reduce the risk of disputes escalating.
Good communication, fair treatment and effective people management remain essential, regardless of whether employees are represented by a trade union.
What should employers do now?
Employers should not wait until a trade union issue arises before reviewing their approach.
Now is a good time to:
- Review existing employee relations policies
- Ensure managers understand their responsibilities
- Consider how trade union access requests would be handled
- Review contracts, handbooks and internal processes
- Seek advice where there is uncertainty
Employment legislation continues to evolve, and staying ahead of changes helps businesses remain compliant while maintaining positive working relationships.
How Elcons can help
Keeping up with employment law changes can be challenging, particularly for businesses that do not have dedicated HR support.
At Elcons, we help employers navigate changes in legislation with practical advice, ongoing HR support and guidance tailored to their business.
📞 If you would like to understand how these changes may affect your organisation, speak to our team for support on 0800 014 9595 or email info@elcons.co.uk
