How will the Employment Rights Bill impact industrial relations?

The Employment Rights Bill marks a significant shift in UK employment law, with a strong emphasis on strengthening trade union rights and collective bargaining. Understanding these changes is key to maintaining effective employee relations.

Overview of key reforms

The Bill introduces a series of reforms aimed at reversing previous restrictions on trade unions and increasing the influence of unions within the workplace. These include:

• repeal of the Strikes (Minimum Service Levels) Act 2023, removing the requirement for minimum service levels during strikes in key sectors.
• roll back of major elements in the Trade Union Act 2016, including the requirement for there to be 50% of eligible members voting in industrial action ballots and, in certain public services, for there to be 40% support following a ballot for industrial action. The time period for giving notice of industrial action will be reduced to 10 days and the mandate for industrial action following a ballot will be extended to 12 months.
• simplification of industrial action procedures to reduce the administrative burden on unions. In particular, the amount of information that has to be included in ballot voting papers, to be sent to those entitled to vote and in the notice of industrial action, will be reduced.
• proposals to permit secure online and workplace balloting, making it easier for union members to participate in votes.
• strengthened protection for employees participating in lawful industrial action, reducing employer discretion to dismiss striking workers and protecting workers from being subjected to a detriment for taking part in protected industrial action.
• simplification of the statutory recognition process making it easier for unions to meet the requirement for recognition. In particular, the threshold required for workers in the bargaining unit to be union members will be reduced and the union will not be required to demonstrate majority support for recognition within the bargaining unit when it applies for statutory recognition. Employers will also be required to provide information about workers in the bargaining unit and the union will be able to request access to the relevant workers to aid the recognition process.
• improvements to industrial relations generally. Employers will be required to inform employees of their right to join a trade union and other union related rights. Unions will also be granted a right of access to workplaces, both physically and by communications with workers, for various purposes, including to recruit new members. Trade union officials and learning representatives will have rights to facilities as well as paid time off during working hours for carrying out union duties. The Bill also introduces a new statutory role for union equality representatives in workplaces with recognised unions, to promote equality in the workplace, provide advice and support to union members on equality matters, and consult with the employer on equality matters. They would have a right to paid time off to carry out these duties. Individuals will also benefit from strengthened protection from blacklisting.

Implementation Timeline

The provisions repealing the minimum service levels are expected to come into force immediately on the Bill receiving Royal Assent (expected to be this Autumn), with changes to the Trade Union Act 2016   to be brought in shortly thereafter.

Changes to digital balloting and simplification of the recognition process is expected in April 2026 with other changes expected in October 2026.

What still needs clarification?

While the Bill sets out the framework, several key details of the trade union rights will be defined through secondary legislation. For example, regulations will need to specify how ballots are to be conducted securely and fairly, the thresholds and procedural steps for union recognition in smaller or multi-site workplaces and the default terms for access arrangements.

Implications for employers

The proposed changes will certainly strengthen trade union rights in the workplace.

However, these provisions should not be viewed in isolation. Other changes proposed under the Bill will also increase the ways in which employers will need to engage with trade unions. For example, the suggestion is that employers can contract out of the zero hour / low hour worker requirements where there is a collective agreement reached between the employer and union offering alternative arrangements for these workers. In addition, changes to collective consultation thresholds could result in more redundancy or restructuring exercises where the employer will need to consult with a recognised union, or employee representatives where no union is recognised.

HR teams should begin preparing for these changes now by:

• reviewing existing recognition agreements and considering if and how these will need updating in light of the proposed changes such as the right of access.
• training line managers on the new legal protections for union members.
• engaging with recognised unions to understand how they plan to adapt to the new framework.
• monitoring secondary legislation to stay ahead of compliance requirements.

The Employment Rights Bill 2025 signals a pro-union shift in UK employment law. While the phased implementation gives employers time to adapt, HR professionals should act now to ensure their organisations are ready for this new era of collective labour relations.