13th July 2026 ❘

Employment Rights Act 2025: The Trade Union Changes Employers Should Be Preparing For

Anna Lovett, Employment Partner

By Anna Lovett, Head of Employment

Many SME and mid-market businesses have never had any trade union involvement.

As a result, some employers assume the trade union reforms introduced by the Employment Rights Act 2025 are unlikely to affect their business.

However, that may not be the case.

The Act introduces significant changes to trade union law that employers should understand, even if they have never previously engaged with a recognised trade union.

What has changed under the Employment Rights Act 2025?

The Employment Rights Act 2025 introduces reforms designed to make statutory trade union recognition more accessible.

Among the changes are measures to simplify the statutory recognition process and reduce some of the voting thresholds involved in achieving recognition.

Alongside these reforms, the Act introduces a statutory framework for workplace access by independent trade unions. The detailed operation of these rights is being implemented through secondary legislation and an accompanying statutory Code of Practice.

Workplace access rights

One of the most significant changes for many non-unionised employers is the introduction of statutory workplace access rights.

Under the new framework, independent trade unions will be able to request physical and digital access to workplaces for purposes such as meeting workers, recruiting members, organising within the workforce and supporting collective bargaining.

The framework applies to employers with 21 or more workers.

Where a trade union requests access, employers will need to understand both their legal obligations and the limited circumstances in which access may be refused or restricted. The detail of how access is managed will depend on the statutory framework and Code of Practice.

Why employers should prepare now

For many employers, this is unfamiliar territory.

Businesses that have never previously dealt with trade union activity may find themselves having to respond quickly if a request for workplace access is received or an organising campaign begins.

The greatest risks often arise where employers have not considered these changes in advance. Responding without understanding the legal position could increase the risk of disputes or allegations that employees have been subjected to unlawful detriment or that unlawful inducements have been offered in relation to collective bargaining or trade union rights.

Understanding what the law allows, where the legal boundaries lie and how to communicate appropriately with employees can help employers manage these situations confidently and lawfully.

Preparing your leadership team

For many organisations, a briefing for senior leaders and HR teams before these changes become relevant is a sensible and proportionate step.

A practical briefing can help employers understand:

  • what the new workplace access framework means for their organisation;
  • how statutory recognition may become easier under the Employment Rights Act 2025;
  • what managers can and cannot say to employees during any organising activity;
  • how to engage lawfully and constructively with trade unions where required; and
  • how to reduce legal risk by planning ahead.

Preparing now can help employers respond confidently if these issues arise in the future, rather than having to make difficult decisions under pressure.

If you would like advice on how the Employment Rights Act 2025 could affect your business, or would like support preparing your managers and HR team, our Employment team is here to help – please just get in touch. You might also find our free Employment Rights Act Health Check useful.