Strengthening trade unions

Successive UK administrations since 2010 have treated unions and their activities as problems to be solved by legislation. The current Labour government takes a different view. It sees trade union activity as part of the solution to employee and industrial relations issues. The Employment Rights Act (ERA) reflects this new – and, to many employers, worrying – approach.

Current position

Trade unions currently have limited rights of access to workplaces and narrowly defined rights to obtain statutory collective bargaining where their membership is highest. Their right to organise industrial action has been tightly regulated for more than three decades, with recent legislation further restricting action where public services might be affected.

The changes

The government’s proposals include:

• Removing so-called “minimum service levels” law from winter 2025
• Immediate changes to union law, including greater protection from unfair dismissal for striking employees and some relaxation of rules on industrial action balloting and notice requirements
• Industrial action will remain heavily regulated, but unions and their members will have greater scope to apply pressure in their dealings with employers
• Steps to streamline the complex procedure for unions to apply for statutory recognition (and the right to bargain collectively for their members that would follow) from October 2026
• Greater rights for unions to access workplaces to organise and recruit, which is likely to lead to more applications for union recognition
• Enhanced rights for union representatives.

Impact

Many employers already work with trade unions and may use these relationships to make changes more quickly than would be possible without collective bargaining. However, others will be wary of enhanced union rights and the prospect of a union presence in the workplace.

Timeline

The new rights for trade unions and their members will come into force gradually. Some are due to take effect immediately, while others have been given a much longer lead time by the government. The immediate changes are relatively limited but will be welcomed by unions as a sign of what’s intended to come in 2026 and beyond.

Employer actions now

• Employers with a strong dislike of trade unions should take steps over the next two years to build trust with their employees. Unions rely on subscriptions to fund their activities and employees often only join when they have an immediate employment concern, such as pressure from their employer on pay and conditions, redundancies or pension issues. Our team of specialist employment lawyers can help guide you through the steps you can take to deter employees from looking for outside help
• Employers in sectors where unions actively recruit should seek guidance on what those unions might do to secure members and win recognition rights. It’s important for employers to know what processes they are likely to face and how best to prepare for them
• Employers already working with trade unions should understand what changes apply immediately and what further developments may follow if the later planned changes to trade union and industrial relations law are brought in.