Employment Rights Act 2025: Trade Union Reforms explained

The Employment Rights Act 2025 introduces some of the most significant changes to trade union law in recent decades. The reforms are intended to strengthen collective bargaining rights, expand trade union access to workplaces and make it easier for workers to organise and participate in union activity.

For employers, these developments are likely to have important implications for employee relations, workforce management and operational planning. Organisations that understand the new framework will be better placed to navigate an evolving industrial relations landscape.

In this article, associate Julia Nwaneke discusses some key trade union reforms, including changes to union recognition, workplace access rights and industrial relations, and what they mean for employees and employers.

Changes introduced by the Employment Rights Act 2025 make it easier for trade unions to secure recognition.

Trade union recognition can be achieved voluntarily through agreement with an employer or through a statutory recognition process overseen by the Central Arbitration Committee (CAC). The reforms simplify aspects of the statutory process, reducing barriers to recognition and making it easier for unions to establish collective bargaining rights. For example, unions no longer need to show at the outset that there is likely to be majority support for recognition and recognition ballots now require only a simple majority of those who vote.

As a result, employers may see an increase in recognition requests and the strengthening of unions’ positions in voluntary recognition negotiations with employers.

Employers should ensure they understand the recognition process and consider how they would respond if a request for recognition were received.

Trade union representatives already benefit from rights to paid time off for certain union duties and training.

The Employment Rights Act 2025 reforms strengthen these rights by requiring employers to provide reasonable facilities to support union representatives in carrying out their roles. This could include access to meeting rooms, communication facilities or other resources required for union-related activity.

A representative will be able to complain to an employment tribunal that their employer has failed to provide them with facilities, in addition to being able to claim in relation to time off. If a representative complains that they have not been given enough time off, the employer will need to show that the request was unreasonable. Reviewing existing arrangements now can help organisations ensure they are prepared for these enhanced obligations.

One of the most widely discussed reforms is the proposed introduction of electronic balloting for industrial action.

Currently, strike ballots are generally conducted by post. Moving to electronic voting is intended to modernise the process and make participation easier for union members.

Supporters of the change argue that it will improve accessibility and increase engagement, while employers should be aware that higher participation rates could potentially affect the likelihood and frequency of industrial action ballots.

Although implementation details are still being developed, employers should monitor progress closely and consider how the change may affect workforce relations.

The Employment Rights Act also introduces a range of additional reforms designed to strengthen trade union rights and participation.

These include:

• A requirement to give every worker a statement confirming their right to join a trade union

• Adjustments to turnout and support thresholds for industrial action

• Reduced notice periods before industrial action can begin;

• Stronger protection against blacklisting workers for union involvement; and

• Enhanced safeguards against detriment and dismissal for taking industrial action.

Taken together, these reforms represent a clear shift towards a more union-friendly employment law framework in the UK.

Employers should begin assessing the potential impact of the reforms on their organisation, even where some measures have not yet come into force.

• Reviewing employee and industrial relations strategies

• Auditing existing arrangements with recognised trade unions

• Training HR teams and managers on the new legal framework

• Preparing for trade union access requests

• Reviewing employment policies and template contracts of employment

• Monitoring future legislative developments and implementation dates

Early preparation can help employers respond confidently and minimise disruption as the reforms take effect.

The trade union reforms introduced by the Employment Rights Act 2025 are likely to affect both workplace relations and individual employment rights.

Our employment team advises employees, senior executives and employers on a broad range of workplace issues, including collective consultation, trade union matters, workplace disputes and employment rights. We help clients understand the practical impact of legislative change and provide clear, commercially focused advice tailored to their circumstances.

Whether you are concerned about how the reforms may affect your workplace or require support in relation to a specific employment issue, our lawyers can help you understand your rights, responsibilities and options.

Julia Nwaneke is an associate in the charity law and not for profit team. Julia advises charities and not-for-profits on all aspects of employment law, including workplace policies, contracts, restructures, discrimination and disciplinary processes. She also specialises in data protection law.