This article forms part of Russell-Cooke's Employment Rights Act 2025 series, exploring the most significant workplace reforms and their practical implications.
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 and prepare for its practical impact will be better placed to navigate an evolving industrial relations landscape.
In this article, associate Julia Nwaneke discusses the Employment Rights Act 2025's trade union reforms, including changes to union recognition, workplace access rights and industrial relations, and what they mean for employees and employers.
Easier trade union recognition
One of the key aims of the Employment Rights Act is to 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 new reforms simplify aspects of the statutory process, reducing barriers to recognition and making it easier for unions to establish collective bargaining rights.
As a result, employers may see an increase in recognition requests and trade union organising activity, particularly in sectors where union membership is already well established.
Employers should ensure they understand the recognition process and consider how they would respond if a request for recognition were received.
Expanded access rights for trade unions
The legislation also provides for greater trade union access to workplaces.
Under the new framework, trade unions will be able to request both physical and digital access to workers for the purposes of communication, recruitment and organisation. This could include access to workplace facilities, meetings and, in some circumstances, digital communication channels.
Where agreement on access cannot be reached, unions may be able to seek assistance through a formal process involving the CAC.
These changes reflect the increasing role of hybrid and remote working and are intended to ensure unions can engage effectively with workers regardless of where they are based.
New obligations relating to facilities and time off
Trade union representatives already benefit from rights to paid time off for certain union duties and training.
The 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.
Employers may also face greater scrutiny where requests for time off are refused. In certain circumstances, employers may need to justify why a request was considered unreasonable.
Reviewing existing arrangements now can help organisations ensure they are prepared for these enhanced obligations.
Electronic strike ballots
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.
Other notable changes
The Employment Rights Act also introduces a range of additional reforms designed to strengthen trade union rights and participation.
These include:
Enhanced rights for workers to receive information about trade union membership
Changes to aspects of industrial action procedures
Measures intended to support collective bargaining
Further protections against trade union blacklisting and detriment
Taken together, these reforms represent a clear shift towards a more union-friendly employment law framework and signal a renewed focus on collective worker representation.
What should employers do now?
Employers should begin assessing the potential impact of the reforms on their organisation, even where some measures have not yet come into force.
Practical steps may include:
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 policies relating to consultation and collective bargaining
Monitoring future legislative developments and implementation dates
Early preparation can help employers respond confidently and minimise disruption as the reforms take effect.
How Russell-Cooke can help
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.
The Employment Rights Act 2025 represents one of the most significant reforms to trade union law in decades, making it easier for unions to organise, engage and secure recognition.
About Julia
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.
Get in touch
If you would like to speak with a member of the team you can contact our charity law solicitors by telephone on +44 (0)20 3826 7510 or complete our enquiry form.
