The Employment Rights Bill (ERB) is currently in the ‘ping-pong’ stage of Parliament, which means the House of Lords and House of Commons debate and amend the Bill until agreement is reached. One of the most significant areas of reform involves Trade Union laws, which could have major implications for both unionised and non-unionised employers.

This blog outlines the key changes to Trade Union laws, when they’ll take effect, and what they mean for employers.

Changes from Royal Assent or shortly after

Repeal of the Trade Union Act 2016 (majority of provisions)

The 2016 Act introduced strict rules on strikes and union operations. The ERB will repeal most of these, including:

• Strike ballot thresholds:
  • 50% turnout requirement scrapped
  • 40% ‘yes’ vote rule for key public services removed
• Strike action notice periods:
  • Notice reduced from 14 to 10 days
• Ballot mandate period:
  • Extended from 6 to 12 months (no extensions by agreement)
• Picketing rules:
  • No longer a requirement to appoint or identify a picket supervisor
• Check-off restrictions (union fee deductions):
  • Public sector employers can no longer charge unions or require alternative payment options
• Political fund ballots:
  • Trade unions will no longer need to hold a ballot every 10 years to maintain a political fund

Repeal of the Strikes (Minimum Service Levels) Act 2023

The 2023 Act allowed employers in critical sectors (e.g., NHS, transport, education) to require minimum service levels during strikes. This will be fully repealed, removing the ability to issue work notices during industrial action.

Stronger protection from dismissal during industrial action

Currently, protection from unfair dismissal applies for the first 12 weeks of lawful industrial action. Under the ERB:

• Full protection will apply for the entire period of protected action
• This change comes into effect 2 months after Royal Assent

Changes effective from April 2026

Easier union recognition

Key reforms include:

• Simplified recognition process:
  • Removal of the requirement to show likely majority support at application stage
  • Removal of the 40% support threshold in ballots – only a simple majority
• Lowered threshold for application to the Central Arbitration Committee (CAC):
  • Current 10% threshold may be reduced to as low as 2%, subject to consultation in Autumn 2025

Introduction of electronic balloting

Trade unions will be allowed to hold ballots electronically, modernising the process and improving accessibility.

Changes effective from October 2026

Workers must be informed of union rights

• Employers must inform new employees in writing of their right to join a trade union, and this must be provided on or before their first working day, with their contract or written particulars
• Regulations will define the content and timing of this notice (consultation expected in Autumn 2025)

New right of union access to workplaces

• When a union recognition application is underway, unions will gain the legal right to access the workplace to reach workers
• This access framework will be overseen by the CAC
• Details will be set out in future regulations (consultation due Autumn 2025)

New rights for union representatives

• Equality representatives (a newly recognised role) will gain the right to:
  • Time off for duties
  • Access to workplace facilities
  • They must complete specified training to qualify
• All union reps will have a strengthened right to access reasonable facilities for their duties
• Ministers will no longer be able to require public sector employers to report union rep time off

Extended protection against detriment

• Workers will gain a new right not to suffer detriment (e.g., disciplinary action or unfair treatment) for:
  • Participating in protected industrial action
  • Being deterred from taking part in such action
• This closes a legal gap identified by the Supreme Court in April 2024
• Exceptions (e.g., non-payment during strikes) will be clarified in upcoming regulations

Changes coming in 2027

Crackdown on blacklisting (or blocklisting)

• The Bill strengthens existing laws to prevent blacklisting of individuals involved in trade union activity
• This builds on the Employment Relations Act 1999 (Blacklists) Regulations 2010, which already make such practices illegal

What should employers do?

• Review union policies and procedures in light of upcoming changes
• Look out for the detailed regulations expected in Autumn 2025
• Prepare to adjust onboarding processes to include new union rights disclosures
• Stay up to date with CAC procedures and union access obligations

If you need help understanding how this part of the Employment Rights Bill could impact your organisation get in touch.