Employment Rights Bill: Government Consults on Trade Union Changes

The government has opened two public consultations under the Employment Rights Bill, aiming to expand and formalise trade union rights in the workplace. Both consultations will run until 18th December 2025.

New trade union access rights for workplaces

A major proposal would place a statutory duty on employers to allow trade union access to workplaces for specific purposes, such as informing workers about union membership or holding meetings.

Key issues under consultation:

• Union request process: what details unions must provide to request access and how requests should be submitted.
• Employer obligations: timeframes for responding to requests and the circumstances in which access can be refused or negotiated.
• Dispute resolution: the Central Arbitration Committee (CAC) would act as the decision-maker in access disputes, including setting terms of access where needed.
• Access types: could include both physical access to sites and digital access to workers, along with rights to share information and hold meetings during working hours.
• Enforcement: the government is seeking views on penalties and enforcement mechanisms for employers who fail to comply.

New duty to inform workers of their right to join a trade union

The second proposal would require all employers to inform workers of their legal right to join a trade union.

Consultation points include:

• What should be communicated: information about the right to join, legal protections for union members, and where to find further details.
• How the information is shared: whether it should be a standalone document or part of the contract/written particulars. Should it be delivered digitally, in paper format, or both?
• When to provide the statement: options include at the start of employment, upon role changes, or at regular intervals.
• Reissue requirements: the consultation explores if a one-time notice is sufficient or if there should be annual or event-triggered updates.
• Implementation timeline: the government proposes an implementation date of October 2026, with particular attention to minimising burdens for small employers.

The proposals, if implemented, would introduce new legal duties affecting how organisations engage with unions and communicate workers’ rights. Employers, HR professionals, and trade unions are encouraged to respond to both consultations via the government’s consultation website to help shape the final legislation.

Here to help

At Longmores, our Employment Law team regularly advises businesses and senior employees on all aspects of employment law including preparing employment contract and policies. We can review your contracts and  policies to ensure they are compliant with current legislation and aligned with the proposed changes under the Employment Rights Bill.

For expert guidance on what the Employment Rights Bill roadmap means for your organisation, please contact our Employment team who will be happy to advise.