Trade union and industrial relations: Key changes under the Employment Rights Bill

As part of our January “Law Lab” webinar, we detailed the proposed changes to the law of trade unions and industrial action as proposed by the Employment Rights Bill (ERB).

You can watch back the recording, and read our top tips on preparing for the trade union changes under the ERB.

Consultations on the ERB took place at the beginning of this year. On 4 March 2025, the government published a response to a consultation regarding these amendments, specifically how trade unions operate to align with modern work practices.

The consultation consisted of 37 questions and the responses were through the engagement of businesses, unions, representative bodies, members of the public, and other multiple stakeholders. As a result of the responses, the government now intends to alter certain proposals to ‘strengthen the voice of working people’.

Significant proposed changes include:

Policy Area	Description
Right of Access	This amendment will allow a ‘single person’ in the Central Arbitration Committee (CAC) to establish if access should be granted where a proposed access agreement satisfies prescribed terms. Secondary legislation will outline specifics such as prescribed terms in which access agreements are required to fulfil. The CAC panel would sit in the normal manner to determine if the prescribed terms are not satisfied (section 263A of the 1992 Act).
Right of Access	Access arrangements will now include virtual access – it will be possible for an access agreement to cover both solely digital access and physical access.
Right of Access	The addition of “supporting a trade union member with an employment-related matter” can be used as an access purpose/principle.
Simplifying Industrial Action Notices	Amendments have been made to section 226A and 234A to simplify how much information is required in a ballot and industrial action notices.
Industrial Action Mandate	The mandate for industrial action will be extended from 6 months to 12 months.
Industrial Action Mandate- Threshold	The repeal of the 50% industrial action ballot turnout threshold will be subject to commencement on the date to be specified in regulations.
Notice to Employers	The period of notice to be given to employers regarding industrial action will be extended from the initial proposal of 7 days to 10 days.
Political Funds	There will be a removal of the 10-year requirement for unions to ballot their members on the maintenance of a political fund. there will now be a requirement for union members to be reminded of their right to opt out of the political fund on a 10-year basis.
Union Recognition Process – Unfair Practices	The application of the provisions and the Code of Practice on unfair practices during recognition and derecognition will be extended to cover the whole recognition process. Within 10 working days of the statutory application being submitted, employers must share the number of workers in a proposed bargaining unit. Employers cannot alter that number. A maximum of 20 days will be set for an access agreement to be agreed and bring this forward to the point where the CAC accepts the union’s recognition application. If there is no agreement, the CAC can adjudicate and issue an order requiring access to the workforce. Ensure that legislation is more union friendly in a way that makes it easier for unions to win cases where an unfair practice has occurred. Extend the time limit when a complaint against unfair practice has been made after the closing of the ballot. Independent unions can apply for recognition where an employer has voluntarily recognised a non-independent union after receiving a formal request for voluntary recognition by the independent union.

The government will also consult further to make commitments to modernising the trade union and industrial relations following Royal Assent of the ERB. They will develop a policy to include:

Lowering the admissibility requirements for the statutory trade union recognition ballot process.
Introducing secondary legislation to ensure that union members and workers can access a union at work. This will be developed through a consultation and a code of practice.
Introducing secondary legislation to ensure stronger rights and protections for trade union representative and members.
Delivering e-ballots and workplace balloting for trade union ballots.

If you would like to be kept up to date on the progress of the ERB (including invites to our future events) and have access to our summary table and tracker, please sign up here.

Written by

David Morgan

Partner

Employment

david.morgan@burnesspaull.com +44 (0)141 273 6770

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Emily Jones

Trainee Solicitor

emily.jones@burnesspaull.com +44 (0)1224 618581

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