New Trade Union Rights Changes from 30 October 2026: What Employers Need to Know

New Trade Union Rights Changes from 30 October 2026 Trade union law is changing again in October 2026, and this time the changes will have a noticeable impact on how employers deal with unions in the workplace. From 30 October 2026, a number of measures under the Employment Rights Act 2025 will come into force. They cover areas including trade union access to workplaces, recognition procedures, facilities for union representatives, information about the right to join a trade union and protections for workers taking industrial action. For employers, this is not simply a matter of updating one policy. Businesses may need to think about how they respond to requests from trade unions, how they communicate workers’ rights, what facilities are available to union representatives and whether existing HR procedures are capable of dealing with the new framework. Some employers will notice the changes immediately. Others may not have to deal with a union request for months or even years. Either way, understanding the new rules before they take effect is considerably easier than trying to work them out after a dispute has started. What Trade Union Rights Are Changing in October 2026? The changes form part of the wider reforms introduced by the Employment Rights Act 2025. From 30 October 2026, employers should be aware of several new or strengthened rights and obligations, including: a new duty to inform workers of their right to join a trade union a new statutory framework governing trade union access to workplaces stronger trade union recognition rules new rights relating to facilities and reasonable accommodation for trade union representatives a new right to time off for trade union equality representatives stronger protection for workers against certain detriments connected with industrial action. These measures sit alongside other trade union reforms that have already taken effect during 2026. For employers, the practical message is fairly straightforward. Trade union activity is becoming more protected and the legal framework around union involvement in the workplace is becoming more structured. What Is the New Trade Union Access Right? One of the most significant trade union law changes 2026 brings in a statutory right for qualifying independent trade unions to seek access to workplaces and communicate with workers. This is broader than simply allowing a union representative to walk into a workplace. The new framework covers physical access as well as communication with workers by other means, including digital communication. The purposes can include meeting workers, supporting or representing them, recruiting or organising workers and facilitating collective bargaining. Organising industrial action is specifically excluded from the access purposes. That matters because modern workplaces do not always have a traditional office or factory floor. A business might have employees working remotely, across multiple sites or almost entirely online. The legislation therefore allows access to be physical, digital or a combination of both. How Will Trade Union Access Work? The new system is based around an access agreement between the trade union and employer. A qualifying independent trade union can make a formal access request. The employer and union can then negotiate the terms on which access should take place. The intention is not to give unions unrestricted access to a business. The legislation sets out principles intended to balance the interests of both sides. Union access should not unreasonably interfere with the employer’s business, while employers are expected to take reasonable steps to facilitate access. Refusing access altogether should only happen where it is reasonable in all the circumstances. That balance is important. An employer may have legitimate concerns about confidentiality, security, client requirements, working arrangements or disruption to operations. Those concerns do not necessarily allow an employer to reject a request outright, but they can be relevant when deciding what reasonable access should look like. What Happens If an Employer and Union Cannot Agree? This is where the new framework becomes particularly significant. If an employer and trade union cannot agree on the terms of access, the matter can be referred to the Central Arbitration Committee, commonly known as the CAC. The CAC will have powers to determine access arrangements in appropriate cases and oversee the statutory framework. It can also issue fines for breaches of statutory access agreements. Employers therefore should not assume that refusing to engage with a union request will make the issue disappear. A sensible approach will usually be to engage with the request, understand what access is actually being sought and consider whether practical arrangements can be agreed without causing unreasonable disruption to the business. The Government has also developed a statutory Code of Practice intended to provide practical guidance on how the new access arrangements should work. The revised draft was laid before Parliament in July 2026 and is expected to accompany the new framework, subject to the relevant approval process. Are Small Businesses Exempt From the New Access Rules? There is an important exemption for smaller employers. The Government’s current guidance states that employers with fewer than 21 workers across all their workplaces will be exempt from the new statutory trade union access provisions. That does not mean smaller businesses can ignore trade union law altogether. Other employment rights and collective representation obligations can still apply depending on the circumstances. It does, however, mean that the new statutory access framework is not intended to operate in exactly the same way for the smallest employers. Businesses close to the 21-worker threshold should be particularly careful about how they calculate their workforce and whether the exemption applies to them. New Duty to Inform Workers About Trade Union Rights Another important change from 30 October 2026 is the new duty on employers to inform workers of their right to join a trade union. This is a change that employers may need to address through their onboarding and employee information processes. It is no longer enough to assume that employees know they can join a union. Businesses should consider where and how the required information will be provided. This could involve employment documentation, induction materials or other communications with workers, depending on the final requirements and guidance. Employers should also be careful about how the information is presented. The purpose of the obligation is to inform workers of their rights, not to discourage them from exercising those rights. What Is Changing About Trade Union Recognition? The trade union recognition changes are another important part of the October reforms. The Employment Rights Act 2025 makes changes intended to simplify and strengthen the statutory recognition process. It also introduces stronger protections against unfair practices during recognition and derecognition processes. One change is particularly relevant to employers facing a recognition application. The bargaining unit will be frozen when a recognition application is received, subject to the statutory rules. The Act also changes the membership threshold and removes the previous requirement for the union to demonstrate at the application stage that it is likely to secure majority support in a recognition ballot. For an employer, a trade union recognition application should therefore be treated as a serious employment relations matter rather than something that can simply be dealt with informally. The process has legal requirements, and attempts to interfere improperly with the recognition process can create additional problems. What New Rights Will Trade Union Representatives Have? The reforms also strengthen the position of trade union representatives. The new framework provides rights relating to reasonable accommodation and facilities for union representatives carrying out their duties. This can include access to facilities such as appropriate meeting space and, where reasonable, access to workplace communication systems. There are also changes to time off arrangements for trade union representatives, together with a new statutory right for trade union equality representatives to take time off for their duties. For employers, this means that existing arrangements for union representatives may need to be reviewed. A business does not necessarily have to provide whatever facilities a representative asks for. The legislation is concerned with what is reasonable in the circumstances. But employers should be prepared to consider requests properly rather than rejecting them automatically. What About Workers Taking Industrial Action? The October changes also strengthen protection against detriment for workers taking part in industrial action. From 30 October 2026, workers will have protection against being subjected to a detriment where the sole or main purpose is to penalise, prevent or deter them from taking industrial action. This is separate from the existing protection against unfair dismissal in relation to certain industrial action. For employers, this means decisions affecting employees who participate in lawful industrial action need to be considered carefully. Managers should not make informal decisions about pay, shifts, opportunities or other workplace treatment without understanding the potential legal consequences. What Should Employers Do Before 30 October 2026? There is no need for employers to panic. There is, however, good reason to prepare. The right approach will depend on the size of the organisation and whether it already works with recognised trade unions. Review your current trade union arrangements Look at any existing recognition agreements, facility time arrangements, workplace access arrangements and policies dealing with employee representatives. Do not assume that an agreement written several years ago will automatically deal with the new statutory framework. Check your employee communications Consider how workers are currently told about their employment rights and whether your onboarding and HR materials will need updating to reflect the new duty to inform workers about trade union rights. Review your workplace access arrangements Think about practical issues such as meeting rooms, site security, remote workers, digital communications and confidential areas. If a union makes an access request, you will need to be able to assess it sensibly rather than starting from scratch. Train managers Managers are often the people who deal with employees and union representatives day to day. They should understand that employees have the right to participate in trade union activities and that management responses must not cross the line into unlawful interference or detriment. Review recognition procedures If your organisation already has a union presence, or there is a realistic possibility of a recognition application, make sure senior management understands the revised rules. Take advice on complicated cases If you receive a formal union request or recognition application, it is worth getting advice before responding. The first response can shape what happens next. What Could the New Rules Mean for Employers in Practice? For some employers, the biggest change may simply be administrative. For others, particularly larger businesses with multiple sites or substantial numbers of employees, the impact could be much more significant. Imagine a union requests access to speak to workers across several workplaces. The employer believes that allowing unrestricted physical access would interfere with operations but is prepared to consider digital communication and scheduled meetings. Under the new framework, this is exactly the sort of practical issue that may need to be discussed and negotiated. The answer is unlikely to be as simple as “yes” or “no”. The employer will need to consider what access is being requested, why it is being requested, how it can reasonably be facilitated and what safeguards are appropriate. That is why preparation matters. How KLG Law Can Help With the 2026 Trade Union Changes The new rules introduce a number of moving parts for employers. For businesses without an established HR or employee relations function, understanding how they fit together can be difficult. KLG Law provides practical HR and employment law advice to businesses dealing with workplace relations, employee representatives, restructuring, disputes and wider employment law compliance. Our HR legal advice and support service is designed to give employers access to specialist support when they need it. We can help employers review existing policies and arrangements, understand their obligations under the new trade union rights 2026 framework and respond appropriately where a union makes a request or raises a formal issue. Where a dispute has already developed, our Employment Tribunal solicitors can also advise on the next steps and potential litigation risk. The important thing is not to wait until a disagreement with a trade union has escalated. A well-planned response at the beginning can prevent a much more difficult situation later. Final Thoughts The October 2026 employment law changes represent a significant shift in the relationship between employers, workers and trade unions. From 30 October, qualifying trade unions will have a new statutory framework for workplace access, workers will have to be informed of their right to join a trade union, recognition procedures will change and union representatives will have stronger rights around facilities and time off. Protections for workers involved in industrial action will also be strengthened. For employers, the biggest mistake would be to treat these reforms as something that only matters once a union appears at the workplace. The better approach is to review your current arrangements now, update policies and employee communications where necessary, and make sure managers understand what the new rights mean in practice. Trade union relations do not have to become confrontational. Clear procedures, sensible communication and good legal advice can make a considerable difference. If your business is unsure how the new trade union law changes 2026 will affect you, KLG Law can help you understand the practical implications and prepare before the new rules take effect.