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 a level not lower than 2%;
  • strengthens protections against unfair practices during the entire statutory recognition process;
  • introduces a new right of union access to the workplace (both physical and virtual), to meet, support, represent, recruit or organise workers and to facilitate collective bargaining;
  • 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;
  • simplifies the information required on industrial action notices;
  • requires unions to secure only a simple majority of those voting to have a mandate for industrial action, with no requirement for any level of turnout or support threshold;
  • extends the industrial action mandate expiration from the current six months to 12 months; and
  • strengthens protection from dismissal and detriment for union members and their representatives taking protected industrial action.

In its response to its consultation on Making Work Pay: creating a modern framework for industrial relations, the Government stated that it intends "to consult further on modernising the trade union landscape" following Royal Assent of the Bill. Consultation is expected to include the delivery of e-balloting for trade union ballots.

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