What do the 2026–27 trade union changes mean for employers?
The Employment Rights Act 2025 makes recognition and industrial action easier for unions. Several changes already apply, including 10 days' notice of industrial action and simpler recognition. From 30 October 2026 unions gain a statutory right to request workplace access, and from 1 January 2027 employers must tell workers they have the right to join a union. Future dates remain subject to Parliament.
Already in force
- Since 18 February 2026: most of the Trade Union Act 2016 is repealed, industrial action needs 10 days' notice instead of 14, mandates last 12 months, and dismissal for taking industrial action is automatically unfair
- Since 6 April 2026: unions no longer need to show likely majority support when applying for recognition, and the 40% support threshold in recognition ballots has gone
- Since 25 August 2026: statutory ballots can be held electronically or in the workplace, where the employer and union agree, according to Acas
From 30 October 2026
An independent union can ask an employer for access to meet, support, represent, recruit or organise workers, or to facilitate collective bargaining, physically or by communicating with workers. Access cannot be used for organising industrial action. If the parties cannot agree, the Central Arbitration Committee can decide access terms and can later impose penalties for breaches. A statutory code of practice will give practical guidance.
- Recognition: the bargaining unit is frozen once an application is received, and rules on access and unfair practices are reformed
- Representatives: new rights to reasonable access to facilities and paid time off, including for equality representatives
- Industrial action: wider protection against detriment
2027
- 1 January 2027: a written statement telling workers of their right to join a trade union, given with the written statement of employment particulars and at other times set in regulations
- April 2027: wider blacklisting protections, including lists drafted using AI and blacklisting by third parties
- August 2027: electronic balloting for statutory recognition and derecognition
The law
“But the access purposes do not include organising industrial action.…”
“must give the worker a written statement that the worker has the right to join a trade union…”
Sources
- Plan to Make Work Pay and Employment Rights Act: timeline update · GOV.UK
- Employment Rights Act 2025 · Acas
- Factsheet: Repeal of the Trade Union Act 2016 (trade unions factsheets) · GOV.UK
- Make Work Pay: draft code of practice on trade union right of access · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- Right of access, recognition reforms and new rights for union representatives
- Duty to inform workers of their right to join a trade union
- Electronic balloting for recognition and derecognition expected
Future dates are expected dates and depend on Parliament.
What employers can do
- Name who will respond if a union sends an access request, and agree how you will handle it
- Review facilities and time-off arrangements for union and equality representatives
- Brief managers on the rules against detriment and unfair practices during recognition
- Prepare to add the right to join a union statement to your onboarding documents
- Update industrial action contingency plans for the 10-day notice period
Recent tribunal decisions on this topic
Tribunal tracker- Go South Coast Ltd T/a More Bus Religion or belief discriminationTrade union membership Read the decision involving Go South Coast Ltd T/a More Bus on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- What is changing under the Employment Rights Act 2025, and when? The Employment Rights Act 2025 is being brought in by phases. Day-one paternity and parental leave, sick pay changes and six-month tribunal time limits already apply. Next come the stronger harassment duties on 30 October 2026, a six-month unfair dismissal qualifying period from 1 January 2027 and fire and rehire protections in March 2027. Future dates remain subject to Parliament.
- What are the rules on redundancy consultation? Employers should consult every affected employee before deciding on redundancies. If 20 or more redundancies are proposed at one establishment within 90 days, collective consultation with representatives must begin at least 30 days (45 days for 100 or more) before the first dismissal, and form HR1 must be submitted. Failure can lead to a protective award of up to 180 days' pay per employee.