The Act will strengthen the rights of union representatives in the workplace, for instance in increasing the allowance for paid facility time to undertake union related activities, introducing a new statutory right to paid time off for “equality representatives”, shifting the burden of proof as to what constitutes unreasonable time off onto the employer and for the employer to ensure that the representative has access to the necessary facilities. ACAS will consulted on a revised Codie of Practice in early 2026.
The laws making ‘blacklisting’ illegal will be updated and protect a wider range of workers. Consultation will begin in Spring 2026.
The law protecting workers from suffering detriment for taking industrial action will be strengthened so that workers takin part in official industrial action will be protected from detriment short of dismissal. In addition, employees will be regarded as having been automatically unfairly dismissed if they are dismissed within 12 weeks of the employee going on strike, even if they have stopped industrial action at the time of their dismissal. They may also unfairly dismissed if dismissed after 12 weeks if the employer has not taken reasonable steps to resolve the dispute. Consultation starts in Spring 2026.
There will be greater rights for unions to access workplaces for recruitment, organisation and collective bargaining purposes, including expansion to include digital as well as physical access. There will be a fast-track process for approval of access agreements that meet certain criteria, as well as appropriate mechanisms to enforce penalties for non-compliance with access requirements. Further details of this will be contained in secondary legislation following consultation which is expected to begin in Spring 2026.
Employers will have to provide their workers with a statement which sets out their right to join a trade union both at the start of their employment and at intervals thereafter. The conditions for trade union recognition in the Trade Union and Labour Relations (Consolidation) Act 1992 will be amended to remove the 10 percent test and replace with a “required percentage test”, which is envisaged to be between 2-10 percent, making it easier for workers to vote for a right to trade union recognition at their workplace. There will also be an ‘opt out’ rather than an ‘opt in’ to payment for membership of the union.
The government was lobbied hard by the unions to repeal this law, which had allowed certain employers to issue a “work notice” requiring certain workers to work on strike days. The Act therefore has already repealed this legislation, which appears in any event to have been rarely used.
The amount of information unions must include in ballot notices and industrial action notices will be reduced.
E-balloting will be introduced to make ballots more accessible.
Limited access modeSorry, you need to be an HR Protect client to access this content.
HR Protect clients receive all the employment law advice they need across the year, delivered by experienced specialist lawyers, at a single fixed price. In addition, being a client gives you access to our templates, flowcharts and guidance notes on this Hub, where you can also return to your favourites, share content with colleagues, and manage your account.
For a full list of benefits, click here, or enquire to talk to one of our lawyers about how it could work for your organisation, and to receive a bespoke quotation.
Already have an account?
Log in below to access this content.