What the new trade union duties means for employers

What the new trade union duties means for employers

Employers of all sizes and sectors are facing two significant new trade union obligations under new legislation, whether or not a union has ever had a presence in their business.

The new legal duties, which are introduced through the Employment Rights Act 2025 (ERA), come into force on 30 October 2026 and apply to businesses of all sizes and sectors, regardless of whether a union is currently recognised in the business.

Natalie Ward, Partner in our Employment team, takes a look at what the new duties mean for employers.

What does the data show?

Trade union membership is on the rise with the Office for National Statistics reporting show that 6.6 million UK employees – 22.4% of the workforce – belonged to a union in 2025, the highest level since 2020.

However, the picture is uneven. Union density stood at 48.5% in the public sector last year, compared with just 12.1% in the private sector, a gap the government has said is partly down to low awareness of the right to join a union among private sector staff. The new duty is designed to close that information gap.

Employer readiness is mixed too. Research commissioned by Acas found that 62% of employers feel confident about adapting to the new trade union rules coming into force in October, but one in five (20%) do not, including some who said they were not confident at all.

Telling staff about trade union opportunities

Section 58 of the ERA inserts a new provision into the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRA), requiring employers to give every worker a written statement about their right to join a trade union.

Key features of the new duty include:

• A written statement must be issued to new starters at the outset of employment, at the same time as their written statement of particulars.
• Existing employees should be told before the duty takes effect on 30 October 2026, with a reminder issued at least annually after that.
• Following a public consultation, the government has outlined that statements should include a brief overview of what a trade union does, a summary of workers' statutory rights around union membership, details of any recognised unions, and a link to the GOV.UK list of trade unions.
• There is no stand-alone tribunal claim for non-compliance, but if a worker brings a related claim, such as unfair dismissal, and a breach of the duty is found, a tribunal can award two weeks' capped pay, rising to four weeks' in more serious cases.
• Independent trade unions can request physical and/or digital access to meet, support, represent, recruit or organise workers, as well as to facilitate collective bargaining.
• A union does not need to be recognised by the employer, or show any existing level of workforce support, before making a request, so businesses with no previous union presence can be approached.
• The right applies to employers with 21 or more workers across the organisation as a whole, so businesses with several smaller locations can still fall within scope.
• A written request must set out which workers it covers, the type of access sought, its purpose, the facilities required, and the proposed notice period and frequency. Following receipt of the request, employers then have 15 working days to respond.
• Employers should provide information and explanations when rejecting or partially rejecting requests.
• Workers attending agreed meeting during working hours should be paid in full.
• Employers must respect the privacy of meetings and communications and avoid monitoring engagement.
• Where a request is not agreed in full, the parties are expected to negotiate. If agreements cannot be reached, both sides have the ability to refer the matter to the Central Arbitration Committee, which can impose an access agreement of up to two years and is generally expected to lean towards granting some form of access. Breaches can lead to fines - up to £75,000 for a first breach, £150,000 for a second and £500,000 for a third or subsequent breach, with separate penalties potentially applying at different workplaces under the same agreement.

Right to access

The arguably more important new change is that from 30 October 2026, independent trade unions will also have the statutory right to access the workplace for campaigning and organising purposes.

Coming through section 59 of the ERA and outlined initially in an initial code, and more recently (in June 2026) in an updated code of practice, this inserts a further set of provisions into TULRA.

Key features of the new right include:

Why does this matter?

This is one of the ERA’s more far-reaching reforms, not just in workplaces where a union is already recognised but universally. Employers that have had no previous engagement with trade unions could suddenly find union membership on the agenda, simply because staff have been told, formally and in writing, that the option exists.

For many businesses, particularly those with no history of engaging with a union, the rights to access may prove the more significant of the two reforms. Because access requests do not depend on recognition or a demonstrated level of support, and the statutory timescales are tight, it’s worth agreeing internally who would own a request and how it would be handled before one arrives.

Taken together, and against a backdrop of rising union membership, the reforms point to a wider shift towards transparency and could bring a much stronger trade union presence into workplaces that have never previously engaged with them.

What employers should do

In order to stay compliant and prepared ahead of the October deadline, it’s recommended that employers take steps to adapt.

• Review onboarding paperwork and contracts of employment, so a compliant written statement is ready to issue to new starters, and include it in the company handbook or intranet, going forwards.
• Plan how and when to communicate with existing staff – ideally before the deadline – and schedule annual reminders.
• Brief HR teams and line managers on the change, so they understand the new requirement and can answer questions from staff.
• Review wider trade union policies, in case membership queries or access requests increase once staff are aware of their rights.
• Monitor the secondary legislation and guidance confirming the exact wording, format and frequency required. This includes using the existing draft code of practice to start planning until the final version is published.
• Take legal advice to ensure your processes are compliant and help reduce risk.
• Agree who owns an access request and how it will be handled. The 15-working-day response window is tight, so have a process in place to know who will pick it up in advance.
• Consider the data protection angle as digital access and passing on employee contact details to a union will raise GDPR questions. Don’t lose sight of this while focusing on compliance.

Thrings’ Employment lawyers are experienced in dealing with business matters that affect the workforce and has acted for both employers and employees from start-ups and SMEs all the way to multinational corporations across a wide range of employment matters. To find out how they can help strengthen your polices ahead of the October deadline and to solve disputes, please get in contact.