With the Employment Rights Bill nearing the end of its journey through Parliament, Laura Merrylees, senior legal editor at Brightmine, is joined by Nick Chronias, a partner at DAC Beachcroft, to discuss the Bill's many trade union-related changes and provide a phase-by-phase guide to how HR departments can prepare for their implementation.

Read the transcript

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Key takeaways

• Phased rollout: Changes will begin two months after Royal Assent, with major reforms in April and October 2026, and final measures in 2027.
• Union ballots: Unions will be able to organise industrial action ballots more easily, with less information required and a reduced notice period (from 14 to 10 days). The rule requiring 50% turnout is still being debated.
• Union recognition: From April 2026, unions face lower hurdles for official recognition, including reduced membership and turnout thresholds.
• Workplace access: Starting in October 2026, unions will gain rights to access workplaces (physically and digitally), with strict timelines for employer responses and agreements.
• Informing staff: Employers must regularly inform employees of their right to join a union - new starters should get written statements, and existing staff receive annual reminders.
• Protections for union activity: Employees and union reps will be protected from penalties (other than pay deductions) for participating in official industrial action.
• Enforcement and consultations: Government consultations on these reforms are open until December 2025; breaches of access agreements may result in substantial fines (£75,000 per breach).
• Employer impact: All employers should update policies and prepare for shorter timelines, new communication duties and increased union engagement.