Summary of key changes relevant to both unionised and non-unionised employers.

Reforms relating to trade union law are one of the most significant parts of the Employment Rights Act 2025. Some of the key changes are already in force. Further changes are expected in October 2026. These changes will have impacts for employers with unionised workforces, and also where there is currently no recognised trade union. In this article, we summarise the key changes employers should be aware of along with practical steps to prepare.

Employers should be aware of the following changes which have been in force since February 2026, whether or not they currently have a recognised union:

• The rules on minimum service levels for strikes in key public services were swept away immediately when the ERA was passed. These services included education, health, fire and rescue, border control and nuclear industry services.

• The former requirement in these same key public services for at least 40% of those entitled to vote to have voted in favour of the action has now been removed.

• We also saw in February the simplification of the rules on notices for balloting on strike action, and notices for taking industrial action, making it less onerous for trade unions to comply. Unions now only have to give 10 days’ notice of a strike (reduced from 14 days).

• There has been a change to the protection for employees who are dismissed because of taking industrial action. The 12-week protected period has been removed. Now it is automatically unfair for an employee to be dismissed at any time during or after an official, lawful strike if the reason or principal reason is that they have taken industrial action.

A new Code of Practice on industrial action ballots and employer notices was published on 5 March 2026 to align with the new rules.

Changes brought into effect in April 2026 make it more likely that trade unions will gain recognition if a formal recognition application is made to the Central Arbitration Committee (CAC).

• There is still currently a need for the union to show the CAC that 10% or more of the relevant workers are members of the union, but this could be reduced via a statutory instrument in future to as low as 2%.

• Trade unions no longer have to show that there is likely to be a majority of the relevant workers in support of recognition.

• Where the CAC holds a recognition ballot, this will now be passed on a simple majority. Formerly, at least 40% of the workers constituting the bargaining unit had to vote in favour of recognition.

Trade union related provisions in the Employment Rights Act 2025 which are expected to come into force later this year will impact on employers whether or not they have a recognised trade union.

In August 2026 new provisions enabling electronic and workplace balloting for statutory ballots will come into force. This includes industrial action ballots but not recognition ballots.

Changes expected in October 2026 include the following.

• All employers will be required to inform workers of their right to join a trade union via a written statement at the same time as providing the section 1 ERA 1996 written statement of terms. Regulations will be passed which can set out other times when this statement will also need to be provided to workers.

• There will be a new formal procedure for trade unions to request access to the workplace. Where the employer and the union do not agree to the terms of access, an application will be able to be made to the CAC to resolve the matter.

• At the moment, there is a gap in the law protecting workers from action short of dismissal for taking industrial action. In October, we expect new regulations to be passed providing employees and workers with protection from detriment on grounds of protected industrial action. This will provide protection from steps taken by employers in retaliation for taking industrial action during or after industrial disputes, such as withholding opportunities or promotion, changing duties, or taking disciplinary or management action.

Practical steps for employers

Employers should take steps to create, maintain and improve relationships with trade unions and other staff voice forums, laying the groundwork for a collaborative approach based on mutual respect and transparency. 

Employers without a recognised trade union should consider putting in place an active staff forum to improve engagement with staff. Where such a forum is working well, requests for trade union recognition may be less likely.

Agreeing to a voluntary recognition procedure with a trade union can lead to a more flexible recognition agreement and avoids the formality of the statutory procedure. Employers should seek legal advice on the pros and cons of this approach.

Employers should decide in advance who will lead on any request for union access to workers and ensure that managers are well informed of the new rules from the outset.

Managers should also be aware of the significant legal restrictions around making direct offers of employment terms to members of a recognised trade union, or one seeking recognition, where the employer is seeking to avoid collective bargaining, and the potential very significant financial penalties in tribunal for making such unlawful offers. It is important to take specialist legal advice before making any offers which might be seen to infringe these legal protections.

Employers should look out for a new Code of Practice on trade union access and recognition following a recent Government consultation (which closed on 1 April) and update relevant policies and contracts in line with the new Code.

As a starting point, employers with a recognised union should audit their current arrangements, checking existing recognition and procedural agreements, facilities arrangements, information sharing protocols, collective agreements, informal points of contact with the union, historic bargaining commitments, and ensuring they understand which categories of workers fall within the bargaining unit.

It is advisable for employers to create or update industrial action response plans, taking into account the shorter notice period of 10 calendar days for taking industrial action and the longer ballot mandate period.

Managers should also be made aware of the extended protections against detriment and dismissal because of taking industrial action so that they understand the difference between reasonable operational management during and after industrial action and what could amount to unlawful retaliatory action or deterrence from trade union activity.

In general terms, employers should expect trade unions to approach access and recognition requests and industrial action ballots with greater confidence. Employers should ensure they have the knowledge and understanding needed to respond appropriately to such scenarios. A reactive or “head in the sand” approach from an employer can increase risks as initial communications are more likely to be ill-informed and defensive and may undermine trust from the outset. 

Fostering a culture of genuine consultation, trust, transparency and visible leadership can be the strongest protection against difficult industrial relations. Where staff feel listened to and informed, trade union disputes may still emerge, but employers are more likely to navigate difficult issues constructively and with lower legal, reputational and relational risk.

Wrigleys’ employment team will be hosting our annual Employment Law Conference specially curated for charity and not for profit employers on 18 June in Leeds. We will be covering key changes under the ERA 2025, including those already in force and those expected in 2027. You can book your place at Wrigleys Employment Law Conference for Charities | 18 June 2026 - Wrigleys Solicitors LLP. It would be great to see you there.

If you would like to discuss any aspect of this article further, please contact our Employment team on 0113 244 6100. 

You can also keep up to date by following Wrigleys Solicitors on LinkedIn.

The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice, please feel free to contact Wrigleys Solicitors.