Reform of trade union laws - phase two
Implementation date: Not expected before 2026
The Employment Rights Bill includes various provisions to reform industrial relations law.
The Bill:
- simplifies the union recognition process, including by:
- removing the requirement for majority support at the application stage;
- removing the 40% support threshold; and
- reducing the requirement from 10% membership at the application stage to 2%;
- introduces a new right of union access to the workplace, which is described in the policy paper as a means "for union officials to meet, represent, recruit and organise members";
- requires employers to provide their workers with a written statement that they have the right to join a trade union;
- requires employers to provide trade union representatives with reasonable accommodation and facilities; and
- strengthens protection from dismissal and detriment for union members and their representatives taking protected industrial action.
On 21 October 2024, the Government launched a consultation on Making Work Pay: creating a modern framework for industrial relations. The consultation seeks views on measures contained in the Bill, and the Government's proposal to "update trade union legislation". The consultation closes on 2 December 2024.
It is not yet known when these measures will come into force. In its Next Steps to Make Work Pay policy paper, the Government said it anticipates that "the majority of reforms will take effect no earlier than 2026".
See Reform of trade union laws - phase one for details of reforms to be implemented at an earlier stage