New trade union rights from October 2026: is your business ready?

1. Employers will have to tell workers about their right to join a union

From 30 October 2026, employers will be required to give workers a written statement explaining their right to join a trade union. It must be provided when employment begins, alongside the written statement of employment particulars, and at other times set by regulations.

The exact content, format, timing and workers covered are due to be confirmed in secondary legislation and detailed guidance. Prepare the onboarding process now, but check the final prescribed requirements before issuing wording. The duty is intended to apply whether or not the organisation already recognises a union.

GOV.UK: Employment Rights Act implementation timeline ↗

2. Trade unions will gain a formal route to request workplace access

Independent trade unions will be able to request access to a workplace to meet, support, represent, recruit or organise workers and to facilitate collective bargaining. Access may be physical, digital—such as an online meeting or a communication circulated to workers—or a combination of both.

Under the published framework, employers will need to respond within 15 working days. The employer and union will then normally have 25 working days to negotiate suitable arrangements. If they cannot agree, either party may apply to the Central Arbitration Committee, or CAC, which can decide whether access should be granted and on what terms.

The CAC will not be able to impose an access agreement where the employer has fewer than 21 workers across all its workplaces. That threshold does not exempt a small employer from the separate duty to give workers the new union-rights statement.

Official employer guidance: trade union reform ↗

3. Workplace representatives will receive stronger support

Employees who act as trade union workplace representatives are expected to gain stronger rights to reasonable paid time off and the facilities needed to carry out their duties. This includes a new entitlement for qualifying union equality representatives to reasonable paid time off.

Employers will also be required, where reasonable in the circumstances, to provide suitable accommodation and facilities. Depending on the workplace, that may include a confidential meeting space, reasonable access to email or online meetings, a noticeboard or digital equivalent, and somewhere a representative can meet a worker privately before a grievance or disciplinary hearing.

What is reasonable will depend on the organisation's size and resources, operational needs and the work the representative is undertaking. It does not mean every request must be accepted without question—but a refusal should be considered, justified and recorded.

4. Union recognition rules are becoming more favourable to organising

Some changes are already in force. Since 6 April 2026, the statutory recognition process has been simplified by removing the ‘likely majority’ test at the application stage and the former 40% support threshold in recognition ballots. Electronic and workplace balloting for statutory trade union ballots took effect on 25 August 2026.

Further changes expected from 30 October include earlier union access to workers during a recognition application, earlier protection against unfair practices and a revised Code of Practice. Employers must avoid conduct intended to improperly influence a recognition process. Threats, coercion, bribery or interference are not legitimate employee communications and may amount to an unfair practice.

5. Protection connected with industrial action is strengthening

Protection against dismissal for taking protected industrial action was strengthened in February 2026. From 30 October, workers are expected to receive wider protection against detrimental treatment where the main purpose is to penalise, prevent or deter them from taking protected industrial action.

Employers will still be able to manage genuine operational issues and proportionately withhold pay for time spent taking industrial action. The risk lies in punitive or retaliatory treatment because a worker exercised a protected right.

What about union representation in a disciplinary or grievance meeting?

This is where two different issues are often mixed together. Workers already have a legal right to make a reasonable request to be accompanied at a formal disciplinary or grievance hearing by a colleague, a workplace trade union representative certified to act as a companion, or an official employed by a trade union. The employer does not generally have to recognise that union for this individual right to apply.

A union companion may put the worker's case, respond to points raised, confer privately with the worker and sum up. They do not automatically have the right to answer every question on the worker's behalf, although the employer may agree to this.

The October reforms are broader. They concern union access, organising, recognition and support for workplace representatives. They do not remove an employer's right to run a fair and reasonable disciplinary or grievance process.

Acas: the right to be accompanied at a disciplinary hearing ↗ · Related guide: workplace investigations before disciplinary action →

Can an employer refuse a union access request?

An employer should not ignore or automatically reject a formal request. Access will still need to be balanced against legitimate safety, security, confidentiality, data protection, working-time and operational concerns. Those issues should inform the terms of an access agreement rather than become a blanket reason to obstruct lawful access.

A workable agreement may define who can attend, where and when access occurs, whether it is physical or digital, how workers will be informed, privacy arrangements, site safety and security requirements, and how disruption will be minimised. The aim should be controlled, workable access—not confrontation.

What employers should do before 30 October 2026

The new law does not require employers to surrender control of their workplace. It does require them to understand the rules, respond within the new timescales and deal with union activity fairly and lawfully. Businesses that prepare now will be in a far stronger position than those attempting to create a policy after a formal request arrives.

• Appoint a responsible contact for trade union correspondence and make sure the inbox is monitored.
• Build the new worker statement into onboarding once the final wording and delivery rules are confirmed.
• Create an access-request procedure that records the 15 and 25-working-day deadlines.
• Decide how physical and digital access could work without compromising safety, security, privacy or operations.
• Review time-off and facilities arrangements for recognised workplace representatives, including equality representatives.
• Brief managers on union membership, accompaniment, recognition and industrial-action protections.
• Check disciplinary and grievance letters clearly explain the existing right to be accompanied.
• Keep reasons and decisions in writing, particularly where time off, facilities or access terms are disputed.

Practical trade union and employee-relations support

HR + SAFETY helps UK employers prepare practical procedures, brief managers and respond proportionately when union representation, disciplinary, grievance or recognition issues arise. We can review your current documents, prepare a workable access process and help managers separate lawful representation from the decisions the business must still make.

Parts of the 30 October package and supporting Codes remain subject to parliamentary approval or final secondary legislation. Check the final position before implementation and obtain specific advice where a live request, recognition process or dispute is involved.