Does this mean we have to recognise a union?

Not automatically. But changes to the statutory recognition route may make applications easier to get off the ground and easier to win if they reach a ballot.

If a union asks for access, can we say no because it’s disruptive?

Sometimes there are valid reasons to refuse (or ask the CAC to refuse), but the notes are clear: inconvenience alone isn’t enough. Treat requests seriously and route them to the right internal owner quickly.

Are we going to have to hand over employee contact details?

The Code introduces direct vs indirect digital access, and direct access depends on GDPR‑valid consent. Expect more structure here - don’t share personal data unless your HR says it’s covered.

What should I do if I hear rumours of industrial action?

Stay calm, flag it to HR early, and stick to factual communications. Avoid off‑the‑cuff comments that could be read as pressure or threats - save the dramatic speeches for karaoke.

Trade union law changes: a manager’s no‑panic guide

What’s changing, when it’s changing, and what you actually need to do (without needing an HR qualification).

Trade union and industrial relations rules are being updated. If you’re a manager, this can feel like one of those emails that starts with “For your awareness…” and ends with you wondering what you’re actually supposed to do differently on Monday morning.

This blog pulls together the key changes from, in plain English, with a few practical pointers.

Some parts still depend on regulations and official wording that aren’t final yet, so think of this as your sat‑nav: it won’t tell you exactly what the potholes look like, but it will stop you driving into a lake.

Quick glossary (so you don’t have to pretend you already know)

IA = Industrial action (e.g., strike action, action short of a strike).
Ballot = A formal vote by union members before industrial action.
CAC = Central Arbitration Committee (the body that decides certain union access/recognition issues).
BU = Bargaining unit (the group of workers covered by a recognition request).
Recognition = When an employer formally recognises a union to negotiate on certain matters for a BU.

What’s changing (and roughly when)

From 8 April 2026 onward: Government response published on trade union rights of access (physical and digital). Code and implementation detail will drive what employers must do in practice.
August 2026 E‑balloting introduced for industrial action ballots (impact assessment awaited).
October 2026: New duty to inform workers about their right to join a trade union, including prescribed content and delivery method (draft regulations awaited).
October 2026 (expected): Broader package goes live (duty to inform, strengthened access, new rights/protections for reps, extended protection from detriment for IA).
2027 (expected): Enhanced protections against blacklisting, including AI/predictive technology and broader liability.

Then vs now: the bits managers will feel

Topic	Before	Now / proposed
Notice of industrial action (IA)	Union notice typically 14 days	Notice reduced to 10 days
Ballot “shelf life”	Shorter period (varied by rules)	Ballot in favour of IA lasts 12 months
Turnout requirement	50% turnout requirement for IA ballots	50% turnout requirement repealed
How the ballot happens	Primarily postal	E‑balloting introduced (detail/impact assessment awaited). Notes indicate employers have no right to question/challenge the e‑ballot process.
Protection for taking part in IA	Protection from dismissal limited (incl. the well‑known 12‑week point)	Protection strengthened: removal of the 12‑week limitation. Also unlawful to subject workers to detriment (e.g., discipline for picketing, lower bonus, blocked promotion/career development) because of IA participation.

Sources: Trade Union and Labour Relations (Consolidation) Act 1992; Employment Rights Act 2025, Part 4; Department for Business and Trade (2026a).

Statutory recognition: the ‘how did we get here?’ bit

Step	Current position	Position under the proposed changes
Union membership threshold for CAC application	CAC can accept an application if at least 10% of workers in the bargaining unit are union members	Government can make regulations reducing the threshold to between 2% and 10% (timing and level are a key unknown)
CAC view on likely support	CAC must be satisfied the majority of workers in the BU are likely to be in favour of recognition	This requirement is removed
If a recognition ballot is required	50% of those voting must vote yes and yes votes must be at least 40% of the BU	A simple majority of those voting is enough (the 40% BU requirement falls away)

Sources: Employment Rights Act 2025, Part 4; Department for Business and Trade (2026d).

Trade union rights of access (physical and digital): expect more ‘doorbell ringing’

In plain terms: unions may have clearer routes to access workers on site and online. If your first instinct is “can’t we just pretend we didn’t see that email?”, the Code is politely suggesting you do not do that.

Access topic	What the Code/response indicates
How requests are made	Requests and responses in writing (email/letter) using standard templates.
Employer response time	15 working days to respond to a request (was 5).
Negotiation window	25 working days for parties to negotiate (was 15).
Escalation to CAC	55 working days from the date of request to seek a CAC decision (was 25).
When CAC must refuse access	Employer has fewer than 21 workers, or the access agreement lacks at least five working days’ notice for the first visit and/or lasts longer than two years.
When CAC may refuse access	Examples include: employer already recognises an independent union statutory recognition process underway overlapping access agreements multiple competing requests where the request would require more resources than necessary (e.g., new facilities/IT systems/material capital expenditure).
Voluntary first	Code emphasises trying to agree voluntary access before a formal request is made.
Digital access (newer)	Could include employer cascading comms, online meetings/webinars using existing platforms, virtual Q&A. The Code distinguishes direct and indirect digital access depending on GDPR-valid consent.
What ‘weekly access’ means	Physical, digital, or both - however, simply sending emails on the union’s behalf is not weekly access.
Privacy expectations	Employers should not attend meetings unless invited, question workers about what was said, or pressure them to disclose discussions.
Enforcement	Fines indicated: £75k first breach, £150k second, £500k third and subsequent. Inconvenience is not enough to refuse!

Sources: Department for Business and Trade (2025b); Department for Business and Trade (2026c).

New duty to inform workers about their right to join a union

There’s a new duty on employers to tell workers about the right to join a trade union—plus what unions do and where to find more info. A consultation closed in December 2025 and we’re waiting for the final wording and the “how often/how exactly” details.

Part of the duty	What’s expected (based on consultation notes)
Content	Functions of a union; summary of rights; list of unions recognised by the employer; signpost to a GOV.UK page for more information.
Form	Either a standard form provided by Government (with an employer appendix) or an employer-drafted statement.
Manner (delivery)	New workers: direct (e.g., with the section 1 statement) or indirect (e.g., intranet/noticeboard). Existing workers: direct (email/letter) or indirect (with or without reminders). If you’re thinking “we’ll stick it somewhere on the intranet,” decide where, and make sure people can actually find it.
Frequency	Reissue after start of employment: options discussed include every 6 or 12 months (or sector-specific frequency). Final requirement awaited.

Sources: Employment Rights Act 2025, Part 4; Department for Business and Trade (2025a).

Other notable changes (the ‘also, by the way…’ section)

Time off for union equality reps: New statutory right to time off, mirroring existing rights for union learning reps.
New rights/protections for union reps: Notes flag broader protections coming alongside the access reforms.
Blacklisting (expected 2027): Enhanced protections, including covering lists created by third parties (even without a direct employment relationship) and lists generated using AI/predictive technology. The definition of prohibited blacklists may expand beyond recruitment to other detriments (e.g., withholding benefits). Liability broadened beyond just “employer or employment agency”.

What managers should do (the practical bit)

Know who to call: Make sure you know the internal owner for union queries - If you don’t have one, now is an excellent time to invent a process (Cornerstone Resources can support you in creating this process!)
Don’t freestyle responses: If a union access request lands with you, don’t negotiate off the cuff. A friendly “Thanks, HR will respond formally” is your safest first line.
Get ready for the ‘right to join’ statement: Once the standard wording is published, make sure it’s built into onboarding (and whatever process is chosen for existing workers). Decide whether delivery is direct (email/letter) or indirect (intranet/noticeboard) and where it will live.
Diarise re-issues: If reissue is required every 6/12 months, set a recurring reminder. Future you will be grateful.
Access logistics: Be clear who handles access requests, what locations/spaces are available, and what “reasonable steps” look like for your area (health & safety included).
Industrial action risks: Shorter notice periods and longer ballot validity mean IA planning may need to start earlier and run longer. Flag potential pinch points (key roles, peak periods, critical cover).
Be careful with detriment: Avoid decisions that could look like discipline/penalty linked to union activity or IA participation (bonus, promotion, development opportunities). If in doubt, pause and get advice.

Mollie’s final thought

The direction of travel is clear: easier routes to organise, clearer access rights (including digital), and stronger protections around industrial action participation. We’ll update this once the final regulations and template wording land. Until then, the best manager move is simple: spot the issue early, route it correctly, and avoid making it worse with a “helpful” improvisation.

Sources

Department for Business and Trade (2025a) Make Work Pay: duty to inform workers of right to join a union. Available at: GOV.UK (Accessed: 5 June 2026).

Department for Business and Trade (2025b) Make Work Pay: trade union right of access. Available at: GOV.UK (Accessed: 5 June 2026).

Department for Business and Trade (2026a) Trade union law: transition to Employment Rights Act 2025. Available at: GOV.UK (Accessed: 5 June 2026).

Department for Business and Trade (2026b) Plan to Make Work Pay and Employment Rights Act: timeline update. Available at: GOV.UK (Accessed: 5 June 2026).

Department for Business and Trade (2026c) Make Work Pay: draft code of practice on trade union right of access. Available at: GOV.UK (Accessed: 5 June 2026).

Employment Rights Act 2025, c. 36, Part 4. Available at: legislation.gov.uk (Accessed: 5 June 2026).

Trade Union and Labour Relations (Consolidation) Act 1992, c. 52. Available at: legislation.gov.uk (Accessed: 5 June 2026).