Is your business ready for trade union changes?

Since coming to power in the summer of 2024, the Labour Government has made clear that one of its priorities is the furthering of workers’ rights – a stance that is clearly reflected in their approach to trade unions.

While previous Conservative Governments generally sought to repress trade unions – with mixed results – 2026 has seen a swell in rights afforded to members of trade unions, along with the unions themselves. And that is not set to change anytime soon. Indeed, the most significant changes are coming down the road in October 2026, significantly enhancing union access to workplaces.

What has happened so far?

Before addressing the path ahead, it’s worth pausing to consider the trade union changes that have already been implemented.

In February 2026, the 12-week protected period for employees taking part in industrial action was removed. This means that all dismissals on grounds related to trade union activity or membership are considered to be automatically unfair, regardless of whether the dismissal took place within the first 12 weeks of industrial action. “Automatically unfair” in this context means that there is no minimum length of service requirement and the tribunal does not need to determine whether the employer acted reasonably in treating the reason as sufficient to justify dismissal, unlike with unfair dismissal claims. This provides greater protection for employees engaged in longer-term industrial action.

February 2026 also saw various other, small tweaks made to industrial action – with rules and processes being simplified, industrial action mandates increasing from 6 to 12 months, and notice requirements for industrial action being reduced from 14 days to 10 days. While these changes might seem minor, they have all contributed to easing process for trade unions and allowing for more sudden yet longer-lasting industrial action, giving affected employers less time to react and impacting them more severely.

Building on this, changes introduced in April 2026 simplified the process for recognising trade unions in the workplace, mainly by reducing or removing certain support thresholds. This has made it easier for unions to achieve recognition via the Central Arbitration Committee (“CAC”), in circumstances where the employer refuses to recognise the union voluntarily.

What is happening next?

From 25 August 2026, union members will be able to cast votes electronically on most ballots apart from those concerning recognition and derecognition of the union. In-person voting will also be expanded from recognition and derecognition ballots only, to also cover industrial action ballots (but only with employer consent). This represents a change from the current position, which only allows for postal voting in most circumstances – a method of voting that the Government has suggested is outdated and unnecessarily expensive. This change is likely to increase the ease of trade union participation and therefore encourage more workers to involve themselves in trade union activity.

Then, a whole host of changes are expected to come into force on 30 October 2026. Employers will have a new obligation to inform workers of their right to join a trade union, likely significantly increasing awareness of unions.

Workers will also gain protection against any form of detriment where that detriment has the purpose of preventing or deterring the worker from, or penalising the worker for, engaging in industrial action. This expands the scope of protection beyond dismissal to cover other actions an employer might take in response to industrial action – for example, refusal of promotion or disciplinary sanctions.

There will also be a new right to time off for union equality representatives, to allow them to carry out their duties, as well as an updated Code of Practice covering the trade union recognition changes from April 2026, mentioned above.

But the most significant changes may be those to rights of access. These provide a framework for unions to access workplaces, both in-person and via digital communication with workers, for a variety of purposes (although organising industrial action is excluded). Unions will be able to send employers an access request, with employers then having a set timeframe in which to respond – there are then further timeframes for the parties to negotiate the terms of access.

Where an employer refuses or ignores a union’s access request, the matter will fall to the CAC to determine, although the CAC will only have the power to order access where the employer (together with any associated employers) has at least 21 workers. Once an access agreement is in place, the CAC has the power to impose heavy fines on employers for breaches of that agreement. Penalties can be up to £75,000 for a first infringement, and up to £500,000 if there are repeated infringements.

Employers will also need to provide union representatives with reasonable accommodation and facilities for the purposes of carrying out their duties. This might include, for example, printing facilities or a room in which to speak with employees.

Taken together, these changes will make it easier for unions to access workplaces and approach employees, while increasing the administrative burden on employers.

We are also expecting some further trade union changes in 2027 – with electronic voting being extended to cover recognition and derecognition ballots, the introduction of a new industrial relations framework for improving cooperation between employers and trade unions, and new laws protecting union members from discrimination and blacklisting.

What now?

These changes represent a significant shift in the balance of power between employers and trade unions and are likely to fundamentally increase the presence and power of unions in the workplace, with greater awareness, greater access and greater protections being afforded to unions and their members.

We would encourage all employers to familiarise themselves with the changes, ensuring that processes and policies are updated by October 2026.

If you need any advice on the trade union changes and how they impact your business, or support with reviewing your policies and processes, please get in touch with Callum De Freitas at callum.defreitas@fsp-law.com or please contact our Employment Team.