For many employers, particularly those with no history of trade union involvement, trade union law has often felt like somebody else’s problem. The Employment Rights Act 2025 has changed that.

Over the last year we have seen a series of reforms designed to strengthen collective worker representation, make it easier for unions to organise and obtain recognition, and increase collective bargaining across UK workplaces. Employers that assume these changes only affect heavily unionised sectors may be in for a surprise.

The first major change arrives on 30 October 2026.

From that date, qualifying independent trade unions will have a statutory right to seek access to workplaces to communicate with workers, recruit members, organise workers and facilitate collective bargaining. Significantly, a union does not need to have existing members in the workplace before seeking access.

The new regime applies widely and means that many employers could find themselves dealing with a trade union for the first time.

Employers with 21 or more workers should be particularly alert to the changes. Where a union makes a formal access request, employers will have a relatively short period within which to engage with and respond to that request.

For organisations that have never had a union presence, this will require a mindset shift. The question is no longer simply whether a trade union is recognised. It is whether a trade union may seek to establish a presence within the workforce.

Many employers had been preparing for a further change due to come into force on 30 October 2026: a duty to tell workers about their right to join a trade union. However, the Government has now confirmed that implementation has been delayed until January 2027. From January 2027, employers will be required to provide every worker with a written statement explaining their right to join a trade union.  Importantly, the obligation applies to workers, not just employees. This distinction could catch some employers out where onboarding processes focus solely on permanent employees.

The Government has published its response to consultation on the new duty and confirmed a number of important points. The statement will not simply be something employers can draft themselves, instead:

• A standardised statement will be prescribed by regulations
• Employers will not be permitted to amend the wording, other than adding specified workplace information
• The statement will include a brief explanation of trade union functions
• It will contain information about any recognised trade unions and/or statutory access agreements where relevant
• It will include a summary of workers’ statutory trade union rights
• Employers must either provide a link to the Certification Officer’s list of trade unions or provide a copy of that list alongside the statement

For new workers, the statement must be provided directly at the same time as the worker receives their written statement of particulars. For existing workers, employers have greater flexibility.  The information may be provided directly or indirectly, provided it remains reasonably accessible. If employers choose a direct method, the statement must be reissued annually by 5 April.

If employers choose an indirect method, such as making it available on an intranet, they must:

• ensure the statement remains continuously available
• provide an annual reminder telling workers where to find it; and
• notify workers directly if the location of the statement changes

Where there is a change to recognised trade unions or statutory access arrangements, employers will also be required to reissue the statement within one month of the change. 

Failure to comply is not expected to generate a standalone claim. However, where a worker succeeds in another substantive Employment Tribunal claim, such as unfair dismissal or discrimination, a Tribunal may award an additional two to four weeks’ pay where the employer has failed to comply with the new duty. The risk therefore arises precisely when an employer is already defending more significant proceedings.

Earlier changes during 2026 simplified aspects of the statutory recognition process and reduced barriers previously faced by trade unions seeking recognition. The overall direction of travel is clear: making trade union organisation, access and collective bargaining easier.

Employers should therefore avoid treating the new written statement requirement as simply another onboarding document. It is part of a broader shift in industrial relations policy.

The changes also create practical risks for managers. As trade union rights become more visible, employers should take care not to create a workplace narrative that appears hostile to unions or discourages membership. Casual comments suggesting unions are unwelcome, unnecessary or detrimental could lead to difficulties and undermine positive employee relations. Training managers on the new regime may be just as important as updating documentation.

Many employers instinctively view greater union involvement as a challenge. However, there is another perspective. Good union representatives can help channel employee concerns, provide realistic advice to workers, and resolve issues before positions become entrenched. Whilst no employer wants unnecessary disputes, there may be occasions where it is preferable for employee concerns to be managed through experienced representatives rather than escalating into grievances, or Tribunal claims driven by unrealistic expectations.

The reforms signal the most significant enhancement of trade union rights for many years. Employers should use the months ahead to review onboarding processes, contracts, handbooks, manager training and employee engagement arrangements. The key message is that even if your organisation has never had a recognised trade union and believes unionisation is unlikely, the new rules are still highly relevant. The Employment Rights Act 2025 is designed to bring trade unions closer to the workforce, and employers need to be on board with that reality now.