Talking Employment Law: The Employment Rights Bill – Part 4

In October 2024, the Government unveiled its Employment Rights Bill, which is currently making its way through Parliament to become law. This Bill introduces major reforms to workers’ rights.

In part 4 of the Employment Rights Bill podcast in the ‘Talking Employment Law’ series, Amanda Glover and Shauna Jones, members of the employment team at Clarkslegal, will discuss the key changes the Employment Rights Bill will bring to industrial relations and trade union rights. These changes include: 

• Different statutory union recognition thresholds to enhance workers’ rights
• Increased ease of access to the workplace for unions
• Reducing notice periods for strike action and increasing strike mandates
• Stronger protections for trade union members 

Understanding these changes is crucial for your business. If you need guidance on how to navigate these proposed reforms, don’t hesitate to reach out to our employment team. Preparing now will ensure you’re ready when these changes take effect.

Transcript

Amanda Glover 00:06
 
In October 2024, the Government unveiled its Employment Rights Bill which is currently making its way through Parliament to become law.  This Bill introduces major reforms to workers’ rights.

This podcast is part of a series of podcasts discussing some of the main provisions of the Bill and this is part 4 of that series.  

We have already discussed a lot of the changes, such as unfair dismissal, collective redundancies, changes to fire and re-hire practices and zero-hour contracts in our previous podcasts. If you would like to listen back to these episodes first, you can find them on the Clarkslegal website. 
 
My name is Amanda Glover, I am an Associate in the employment team at Clarkslegal
 
Shauna Jones 00:52

And I am Shauna Jones, also a solicitor in the employment team at Clarkslegal. 
 
Today we will be discussing the significant changes the Employment Rights Bill will be making to industrial relations and trade union rights. For employers, especially those in sectors with a strong union presence or where there’s rising union activity, the changes could fundamentally shift how you manage collective relationships, workplace access, and industrial action going forward.
 
Amanda Glover 01:20

Yes, and it is worth flagging that as the Bill is making its way through parliament still, it is subject to amendment so some provisions may change by the time it is enacted and we have already seen amendments being proposed lately. 

Shauna Jones 01:35
 
So, you may want to grab a coffee, this episode is packed with information! Let’s get into it.

Let’s start with statutory union recognition. As it stands today, if a union wants to be recognised for collective bargaining, they need to show they already have at least 10% membership in the proposed bargaining unit, and also that a majority of those employees in the proposed bargaining unit are likely to support recognition. The Central Arbitration Committee can only then order recognition if, either (i) at least 50% of the bargaining unit are union members or (ii) a ballot is held, in which a majority of votes cast are in favour and at least 40% of all workers in the bargaining unit vote for recognition.

Amanda Glover 02:21

Yes, but under the Bill that bar is dropping significantly. The 40% turnout threshold for a ballot – will be gone. The need to show likely majority support for an application- is also gone.

Shauna Jones 02:36

And here's the kicker - the government would have the power to reduce the required union membership threshold for an application from 10% to as low as 2%.
 
Amanda Glover 02:46

Which could completely change the game. For example, in a workforce of 500, as few as 10 people could kick off a statutory recognition process under future regulations and as long as the majority of those voting in the ballot voted in favour, recognition could be granted. I highlight here, it is a majority of those voting that is taken into account not a majority of the bargaining unit so you could have a fairly low turnout in the vote and as long as the majority were in favour, the recognition bid would be passed. 

Shauna Jones 03:22
 
Yes and add to that the change around voter eligibility - employees hired more than 10 days after the union applies to the Central Arbitration Committee won’t count toward the numbers and won’t get a vote.

Amanda Glover 03:35

That could create a real incentive for unions to move quickly, and for employers to stay alert. All of these recognition changes are expected to come in by April 2026. So quite soon. 

So, next up - union access to the workplace. Under current law, unions can’t just walk in. They would need the employer’s voluntary agreement or a Central Arbitration Committee order tied to a recognition ballot.

Shauna Jones 04:08

But the Bill changes that completely. Union officials would get a ‘general right of access’ to workplaces - for recruitment, organising, and collective bargaining. Not industrial action planning, to be clear - but still, a significant expansion.

Amanda Glover 04:24

Yes, Employers will have to either negotiate “access agreements” or face potential CAC-imposed terms for access. And it’s not just about physical access - there’s explicit provision for virtual or digital access too.

Shauna Jones 04:40

That’s right. So, we’re not just talking about someone showing up at reception - this could mean digital meetings, online chats, even targeted communications to employees. It gives unions a potentially very effective set of tools.
 
Amanda Glover 04:57

And for employers who don’t play ball, the CAC will have powers to order compliance and even impose financial penalties. Details of the process, including default access terms, are still to come in future regulations.
 
Shauna Jones 05:14

But again, the timeline is October 2026,  so while there’s some breathing room, this is definitely one to start preparing for now, particularly around internal policies and site security protocols.
 
Moving onto another change and this one might fly under the radar, but it’s important. Employers will be required to give new workers a written statement when they start work.  Currently, employers have to give workers certain information when they start work known as a S1 statement but these new rules require there to also now be a clear statement for workers that they have the right to join a trade union.

Amanda Glover 05:52
 
Yes, currently collective agreements have to be referenced in section 1 statements, but this new right will go further requiring employers to give this new statement at the same time as the S1 statement but also to provide it at other prescribed times to be confirmed. A failure to provide this will be treated in much the same way as a failure to provide a S1 statement.  

Shauna Jones 06:18

The exact wording will be set in future secondary legislation, but the changes are nevertheless expected from October 2026.

Amanda Glover 06:27
 
Now moving onto a change  that’s really raising eyebrows - the Bill proposes repealing both the Strikes (Minimum Service Levels) Act 2023 and most of the Trade Union Act 2016 immediately after the new Bill comes into force.

Shauna Jones 06:46

So we’re talking about scrapping some major limitations introduced over the last decade,  things like longer notice periods for strikes, and the expiry of industrial action mandates after six months…

 Amanda Glover 06:58

Yes, all of that gets rolled back. Instead, the Bill would allow industrial action mandates to last for 12 months. Notice of industrial action would drop from 14 days to 10 days. So less time to prepare. And, perhaps most significantly, electronic balloting would be allowed. 

Shauna Jones 07:17

Which could make balloting quicker and more responsive for unions. It’s worth flagging that e-balloting is expected to kick in by April 2026 - so that one is not immediate. 

Amanda Glover 07:29
 
For employers, that means less lead time and potentially more frequent or spontaneous industrial action. Especially in heavily unionised sectors like transport, healthcare, and education.

Shauna Jones 07:45

Let’s finish with protections for trade union members and reps. At the moment, there are already laws protecting employees from being dismissed or treated unfairly because of their trade union membership or activities.
 
Amanda Glover 07:58

The Bill strengthens that. For the first time, it would make it unlawful to subject a worker to any detriment short of dismissal for taking part in protected industrial action.

Shauna Jones 08:10

And on top of that, we get a new statutory role: the union equality representative, whose job it would be to promote equality, advise members, and work with employers on equality issues. They’d be entitled to paid time off to carry out those duties

Amanda Glover 08:28
 
Employers would also be required to provide reasonable facilities to support all union reps of recognised unions. Think meeting rooms, access to systems, and possibly even equipment. Again, these changes are expected to come into force in October 2026. 

Shauna Jones 08:48

So, in summary, what we’re looking at is a legislative package that lowers the bar for union recognition, strengthens access rights, expands worker protections, and rebalances the industrial relations laws more in favour of trade unions.

Amanda Glover 09:05
 
For employers—particularly those in unionised or union-active sectors - this is a wake-up call. You’ve got some time, but not forever. Start thinking now about your policies, your employee relations strategy, and your risk profile. You may also want to think about your current employee representative bodies, such as employee forums and whether they are fit for purpose in capturing employees’ voices. 

Shauna Jones 09:33

And keep an eye on those secondary regulations - they’re going to shape how a lot of these changes work in practice. As ever, we’ll be keeping clients informed as the Bill moves forward.

Amanda Glover 09:45

That’s all for today’s episode. If you’ve got any questions about how the Employment Rights Bill might affect your organisation - or if you’re already seeing increased union activity - do get in touch with the team.

Shauna Jones 10:00

Thanks for listening. Don’t forget to subscribe for more legal insights, and we’ll see you next time.