What employers need to know

The Employment Rights Act 2025 is still undergoing a phased implementation, and the next changes to the employment regime is regarding Trade Unions. The following reforms are currently expected to take effect on 30th October 2026, but it is important to note that any detail given below is simply a suggestion of how the reforms appear as though they will play out; more detail is expected from the government in due course.  

From 30th October, employers must:  

• Inform workers: make sure workers know of their right to join a Trade Union.  

• Handle access requests: independent unions may request physical or digital workplace access; terms may be agreed or determined by the CAC. 

• Support representatives: union equality representatives will gain reasonable paid time-off rights, and reasonable accommodation or facilities may need to be provided on request. The Acas Code will be updated to provide specific guidance on this, and must be followed.  

• Avoid retaliation and unfair practices: new protections cover detriment linked to protected industrial action and regulated conduct during statutory recognition or derecognition. 

1. Manage trade union access requests

This is the most significant reform and totally changes the TU right of access. Qualifying trade unions (those with a certificate of independence) will be able to enter non statutory access agreements with employers. They can do so for the key access purposes, to meet, support, represent, recruit, organise or help facilitate collective bargaining for your employees. They cannot, however, rally them to industrial action.  

You may already have an existing voluntary arrangement with a TU in place, agreed without the involvement of the statutory process. This can be useful when receiving requests for access, but you should review the existing arrangements to be sure they meet with CAC requirements.  

They may make a request for access, either in person or digitally, usually by filling in the requisite form and emailing it to the employer. It’s a good idea to keep a record of any requests received, whether or not they’re agreed to. This request for access must be responded to within fifteen working days (three weeks) from receipt of the request, so you should make sure anyone who might receive such an email knows who the appropriate person is to handle the application.  

There is a template provided in the Code for responding to applications, though it is not a legal requirement to use it. But you must respond within fifteen working days, whether you reject or accept it. If you accept the request, make this clear in the response, and then both parties will notify the CAC, creating a statutory negotiated arrangement.  

If you reject the arrangement, things proceed differently. You must notify the TU of your rejection, providing details of the elements of the application you’re rejecting and why, especially if you believe the request is unreasonable. From there, you might proceed into negotiations. You have twenty-five days following the day the response is given to negotiate. If they’re successful, you and the TU both notify the CAC jointly in the same way as if you’d come to an agreement initially. If the negotiations are unsuccessful, either you or the TU can notify the CAC within fifty-five working days from the date of the original access request.  

Importantly, this is fifty-five working days from the original request, NOT from the date negotiations failed.  

At this point, the decision is subject to the CAC, and there is a presumption in favour of access. Access of any official of a qualifying trade union to the workplace for any of the access purposes above should only be refused entirely where it is reasonable in all the circumstances to do so. This includes the size of the organisation or the fact you already have existing access arrangements in place that satisfy the CAC.  

If the CAC were to impose rights of access on an employer, it would be in line with the model terms, so likely require things such as weekly access or the provision of existing accommodations and other facilities as is reasonable, and so forth. The CAC will refuse access requests where the employer has fewer than twenty-one workers, but importantly this threshold applies to the whole organisation. Unions can still apply for access to a group of fewer than 21 workers, however, to the employer.  

In an ideal situation, however, the employer would agree with the trade union itself, avoiding having an external organisation make decisions over their working environment that will affect them potentially on a weekly basis.  Equally, it’s important to make sure that when you’re agreeing to something, you’re willing and able to uphold the agreement. If not, you can be subject to a CAC complaint, and these fines can get very expensive very quickly.  

2. Allow time off and reasonable facilities

Union equality representatives already have a right to reasonable paid time off for specified duties and relevant training. Where requested, employers must also provide accommodation and other facilities that are reasonable in the circumstances so that union representatives, union learning representatives and union equality representatives can carry out relevant duties. This includes physical and practical resources such as communication tools and private meeting spaces.  

The Acas Code will also be amended to provide more practical guidance. What is reasonable will depend on the request, resources involved, confidentiality, security and operational needs. The revised code covers equality representatives and reasonable accommodation and facilities. These Codes may be taken into account by tribunals or the CAC where relevant; update policies and manager guidance when the approved versions take effect. 

There is also going to be a shift in the burden of proof as to whether reasonable time off was permitted in employment tribunals. The burden will be on the employer to demonstrate they did provide reasonable time off and access to facilities as promised.  

We will know more when the amendments are introduced and additional guidance is published, so keep an eye out for more as it comes. But it is important to make team leaders and managers know to expect these shifts as they need to know what to expect and what they’re expected to permit.  

3. Do not penalise protected industrial action

From 30 October, workers will be protected from prescribed detriments where the employer’s sole or main purpose is to prevent, deter or penalise participation in protected industrial action. Depending on the final provisions and the facts, possible examples could include disciplinary action, denial of promotion or training, bullying, or other retaliatory treatment. This protection extends beyond the previous position of simply dismissal, as was the previous position, to any detriment imposed for the sole or main purpose of penalising, preventing or deterring a worker from taking industrial action.  

Lawful deductions for time not worked are not intended to be prohibited. Employers should record legitimate, non-retaliatory reasons for decisions affecting participants and check the provisions in force.  

4. Inform workers of their right to join a trade union – Now January 2027

Employers must give a worker a written statement that the worker has the right to join a trade union, including when giving the statutory Section 1 statement of employment particulars (i.e., usually with the employment contract, for new starts) and at other prescribed times. This is not to suggest notice should be provided within the contract itself; it should be a separate document, issued at the same time, for new starts. The right must be clearly communicated to all workers, regardless of whether the employer recognises a union or not.  

The government will produce a standardised statement for employers to give out informing employees of the right. No amendments will be allowed – employers cannot change the statement, except to add specific workplace information. The written statement must include an explanation of union functions, a summary of statutory rights, a list of and information on recognised trade unions or statutory access agreements (as relevant) and a link to the Certification Officer’s list of trade unions (or be accompanied by a copy of the list).  

For new workers, the statement will need to be provided at the same time as their new written statement of particulars. For existing workers, the statement can be delivered directly or indirectly, but it must be reasonably accessible. As of 5 April 2027, where existing workers are informed directly, they must be informed annually by the same date once more. Where employers inform existing workers indirectly, they must ensure the statement remains continuously available and issue an annual reminder of where to find it. If the statement’s location ever changes, employers must directly inform workers of the change and the new location.  

Consider how you publicise this information regularly, whether a notice board, the intranet, annual email communications, or otherwise in a way that makes sense for your organisation, and keep an eye out for more information as it comes out.  

So, what should employers do? 

• Confirm which workers and workplaces are in scope and total worker numbers across all sites. 

• Nominate owners for worker statements, union access requests and CAC correspondence. 

• Prepare draft onboarding and workforce communications, then update them when the regulations confirm content, delivery and timing. 

• Put in place an escalation process for the proposed 15-working-day access-response deadline. 

• Review time-off, facilities, equality, industrial-action, disciplinary and recognition procedures against the approved Codes. 

• Train managers on non-retaliation and on neutral communications during statutory recognition or derecognition. 

• Monitor commencement regulations, transitional provisions and final government and Acas guidance before implementation.