Columnist

Is your business ready for the trade union change?

You may be reaching a saturation point when hearing people talk about the Employment Rights Act. 

Day‑one rights, sick pay reform or changes to dismissal protection are across all of our feeds. 

But something else is being underdiscussed - and it’s coming in October. 

Trade unions will gain a new statutory right to access workplaces, even where there is no existing union presence.

Trade union membership is the lowest on record among UK employees, currently sitting at around 20 per cent. 

There has been a significant decline since the peak of 13.2 million in 1979, with a general downward trend since 1996.

But will changes this October create a shift?

For many employers, particularly SMEs and organisations that haven’t dealt with unions, this will feel like unfamiliar territory. 

Most businesses will be in scope, and this isn’t something to ignore.

As a result of the change, independent trade unions will have the right to request digital or physical access to workplaces in order to recruit, organise, meet and represent workers. 

This won’t be limited to sectors or situations where a union is already recognised. 

In reality, it gives unions a statutory open door, rather than relying on employer consent or operating outside the workplace.

This process will be overseen by the Central Arbitration Committee (CAC), and backed by a draft code of practice that places a clear expectation on employers to engage constructively. 

They will no longer be able to simply refuse or ignore requests without consequence; failure to engage can result in the CAC imposing terms. 

Immediate risks for employers will come from being unprepared. 

Unclear procedures, unclear managers and unclear internal communications will present a challenge. 

Ultimately, environments in which employees already feel heard, supported and engaged may see less interest in union engagement.

Between now and October 2026, it would be a good idea to strengthen engagement, clarity and leadership capability. 

These will stand the organisation in good stead if and when a request drops into a virtual or physical inbox. 

Beyond that, speak to a good HR person to make sure you understand your obligations and have a clear process to recognise and respond to requests from trade unions.

Lauren Bathan is associate director - HR Partnership at Newcastle, Teesside and Leeds-based recruitment and outsourced HR services provider Jackson Hogg

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