After having their powers and influence steadily eroded through years of legislation and cultural shifts, the Employment Rights Act is once again empowering trade unions.
It may be that your business already has a trade union presence, or they may not have become established just yet, but the power of trade unions is set to increase either way.
As HR teams are most likely to deal with them directly, it is worth understanding what is changing with trade unions and how this may impact the business as a whole.
What new rights are being given to trade unions?
The biggest boost for Trade Unions will be their greater access to workplaces.
From October 2026, employers will have a duty to inform workers of their right to join a trade union.
HR teams will likely be the ones handling this communication and so they should ensure that this is communicated clearly and effectively to all employees.
October 2026 will also see employers needing to better accommodate trade union representatives within the workforce.
This will mean providing them time off and any other reasonable accommodation and facilities in order to carry out their duties.
Trade unions will also have a greater right to access the workplace.
In preparation for these changes, the way in which a trade union can be recognised in a workplace has been simplified as of 6 April 2026.
Additionally, it will be easier for trade unions to instigate industrial action.
In August 2026, trade union members will be able to vote electronically or in person in ballots for industrial action, union elections and other statutory ballots, if the employer and trade union agree.
There will also be a removal of the requirement for a 50 per cent turnout for industrial action ballots.
How should HR teams prepare for the new trade union presence?
HR teams will likely be the ones working alongside trade unions to ensure that the needs and requirements of the business are represented as much as those of the employees.
It will be important to facilitate and maintain clear discussion pathways between trade union representatives and those in the business who have the power to make decisions.
This should work to minimise the risk of industrial action if employees make demands of the business that cannot be reasonably met.
Beyond this, HR teams will also need to ensure that the business is creating a compliant environment in which trade unions can operate.
Understanding the new rights and responsibilities will be vital in creating a harmonious workplace where all team members can feel safe and respected.
