Understanding the Employment Rights Act 2025: Key Changes for Trade Unions

As the Employment Rights Act 2025 (ERA) continues to roll out, businesses, HR teams and employees need to be aware of the significant reforms affecting trade union rights and industrial action. The ERA introduces some of the most substantial changes to trade union law in over a decade, impacting how unions organise, how employers must respond, and the protections available to workers. Below, we set out a comprehensive factsheet outlining each upcoming change and when it will take effect.

• Repeal of the Strikes (Minimum Service Levels) Act 2023: The law that allowed employers in certain sectors (such as health, transport and emergency services) to require minimum service levels during strikes has been repealed. This took effect on 18 December 2025.

• Changes to Trade Union Subscription Deductions in the Public Sector: Current public sector rules only allow “Checking-Off” (which is where employers deduct trade union subscriptions directly from wages) if workers have the option to pay another way and only if unions cover the employer’s costs. These restrictions for Checking-Off will be removed from 18 February 2026. As a result, public sector employers may no longer be able to charge unions for administering check-off arrangements.
• Repeal of Key Provisions of the Trade Union Act 2016: Most of the rules introduced by the Trade Union Act 2016 are being removed or relaxed.

Key changes include:

• The rule requiring 40% of all eligible voters in important public services to support strike action will be removed.

• The 50% turnout requirement for strike ballots in all sectors will also be removed (though this is expected in April 2026 and is linked to the introduction of electronic voting).

• Unions will need to give less information in ballot and strike notices.

• Notice of strike action will reduce from 14 days to 10 days.

• A successful strike ballot will last 12 months instead of six.

• The requirement for unions to supervise picket lines will be removed.

• Unions with political funds currently require members to opt-in to allow a portion of union dues to be used for political reasons. This will change to an opt-out system instead. However, this is only true for new members, existing members will still be required to opt-in.

These changes will make it easier for unions to take industrial action, but whether strikes increase will depend more on the overall industrial relations climate than the law alone.

• Increased Dismissal Protection for Industrial Action: Employees are currently only protected from unfair dismissal (for taking part in industrial action) for 12 weeks from the start of industrial action. This 12-week limit will be removed on 18 February 2026 meaning dismissal for taking part in industrial action will become automatically unfair at any time.

• Changes to Statutory Trade Union Recognition: The rules on trade union recognition are being changed to make it easier for unions to be officially recognised. At present, a union must show that at least 10% of workers in a proposed group are union members and that a majority are likely to support recognition. The ERA will allow the government to reduce this to as low as 2% from the current 10%. This does not mean the recognition threshold will be lowered to 2% from April, just that the government will be able to lower the threshold to anywhere between 2% and 10% going forward, but until the government implements this, the threshold remains at 10%.
• Additionally, if a recognition ballot is held, the current rule that at least 40% of all workers must vote in favour will be removed. Instead, recognition will only require a simple majority of those who actually vote. Employers will also be prevented from increasing the size of the bargaining group by recruiting more workers once a recognition application has been accepted. Once a union is recognised, the bargaining group cannot be challenged again for three years.
• Changes to Balloting and Turnout: From 6 April 2026 the ERA will introduce electronic and workplace balloting to allow trade union members to vote electronically. Further, the 50% turnout threshold of union members for an industrial action ballot to be valid will be removed.

• Informing Workers of Trade Union Rights: Employers will soon have a legal duty to tell workers that they have the right to join a trade union. This information must be given to new starters at the same time as their written employment terms. Employers will also need to repeat this information at other times during employment, although the government has not yet said exactly when. The government will provide a standard template that employers must use. If an employer fails to give this statement, workers cannot bring a claim just for that reason alone. However, if a worker wins another employment tribunal claim and the employer was in breach of this duty at the time, the tribunal may be able to award an extra two to four weeks’ capped pay.
• Trade Unions’ Right to Access the Workplace: Trade unions will have the right to ask employers for permission to enter the workplace. This will allow union officials to meet workers, recruit members, organise workers, represent them, and support collective bargaining (but not to organise strike action). If the employer and the union cannot agree on access arrangements, the Central Arbitration Committee (CAC) will step in and set the terms. The CAC will also be able to enforce access agreements and fine employers up to £150,000 if they do not comply. For now, employers with fewer than ~20 workers (exact number still to be confirmed) are expected to be excluded. The government will publish standard templates for unions and employers to use.
• Time Off and Facilities for Union Representatives: Employers who already allow union officials or representatives time off for union duties will be required to provide reasonable facilities if they are requested. There will also be a new right to paid time off and facilities for trade union equality representatives. If an employer fails to comply, a complaint can be made to an employment tribunal, which can award compensation.
• Stronger Protection for Workers Taking Industrial Action: Workers will gain new protection from suffering a detriment (for example, being disciplined or disadvantaged) because they took part in lawful strike action or as an attempt to prevent or deter the employee from taking protected industrial action. Employers will need to be very careful when managing long-running disputes to ensure dismissals are for genuine, unrelated reasons.

• Strengthened Blacklisting Protections: The ERA strengths the prohibition on blacklisting by giving the government power to introduce regulations which prohibit the use, sale or supply of lists of union members or people who have taken part in trade union activities for the purposes of discrimination, even where the lists were not created for such purposes, or where lists are compiled by third parties who don't have a direct employment relationship with the individuals being blacklisted. The power to make these regulations will actually come into force on 18 February 2026. However, it will be some time before the government are able to produce and enforce the regulations. As such, the substantive measures are expected to take effect in 2027.

The Employment Rights Act 2025 marks a pivotal shift in UK industrial relations, rebalancing the landscape in favour of greater trade union participation and worker protection. Employers, especially those in the public sector and unionised environments, should begin preparing now for these phased changes, ensuring policies, procedures and training remain compliant as each new measure takes effect. If you would like help reviewing your organisation’s readiness for these reforms, our employment law team is here to support you.