Trade Unions

Numerous trade union reforms will be introduced, starting with the  repeal of the Strikes (Minimum Service Levels) Act 2023, which will take effect on the date that the Employment Rights Bill (ERB) receives Royal Assent.

There will be enhanced  protection against dismissal for industrial action.

The majority of the Trade Union Act 2016 will be repealed, including:

• Repeal of the current requirement for a 50% turnout threshold of all eligible members for ballots and for 40% of those entitled to vote to vote in favour, in “important public services”, such as employment and transport. Instead, under the new legislation, unions will need a simple majority of those eligible members who participate in the vote.
• Picketing supervision rules (picket supervisors will no longer be required)

Simplified industrial action rules will be introduced, including:

• Ballot and action notices simplified.
• Advance notice of industrial action reduced from 14 to 10 days.
• Mandates for industrial action extended from 6 to 12 months.
• Electronic balloting to be introduced (likely in 2026).

Trade unions will be able to request to enter into access agreements with employers, enabling them access to an employer’s workforce (physically and via other means such as digitally) to  meet, represent or organise workers (regardless of whether they are members of a trade union) or to facilitate collective bargaining. The union would not be able to request access to organise industrial action. There will be a formal process for requesting access. If no agreement is reached, unions can apply to the Central Arbitration Committee (CAC) to enforce access rights.

Statutory trade union recognition will be simplified, making it easier for unions to gain statutory recognition, which gives them the right to collectively bargain.

The key changes include lowering the membership threshold to trigger recognition procedures from 10% to as low as 2% of workers in the bargaining unit and only requiring unions to obtain a simple majority of votes cast in a ballot — the previous requirement of 40% support from the entire bargaining unit will be removed.

Employers will be required to inform workers of their right to join a trade union.

Employers shall be required to provide facilities for trade union officials and learning representatives where they are permitted to take paid time off to carry out their duties.

Trade union equality representatives shall be recognised in statute and given the right to take paid time off and facilities where they are permitted to take paid time off to carry out their duties.

A worker will have the right to not be subjected to a detriment short of dismissal, for taking part in industrial action.  

The rules on blacklisting individuals who are trade union members or take part in trade union activities will be modernised.