Employment Rights Bill: Government consults on trade union changes

The government has opened two public consultations under the Employment Rights Bill, aiming to expand and formalise trade union rights in the workplace. Both consultations will run until 18th December 2025.

Trade Union access to workplaces

A major proposal would require employers to allow trade union access to workplaces for specific purposes, such as informing workers about union membership or holding meetings.

Key questions for the consultation:

• What details must unions provide to request access, and how should requests be submitted?
• What are the employer’s obligations? For example, the timeframes for responding to requests? Under what circumstances can access be refused or negotiated?
• Dispute resolution: The Central Arbitration Committee (CAC) would act as the decision-maker in access disputes, including setting terms of access where needed.
• What does access refer to? Is it physical access to sites and/or digital access to workers? Does access include the rights to share information and hold meetings during working hours?
• How will the new rules be enforced? The government needs clarity regarding penalties and enforcement mechanisms for employers who fail to comply.

New duty to inform workers of their right to join a trade union

The second proposal would require all employers to inform workers of their legal right to join a trade union.

Key questions for the consultation:

• What needs to be communicated?  For example, information about the right to join, legal protections for union members, and where to find further details?

• How should the information be shared? Should there be a standalone document or should it be included in the contract/written particulars? Should it be delivered digitally, in paper format, or both?
• When should the statement be shared? Options include at the start of employment, upon role changes, or at regular intervals. Is a one-time notice sufficient or should there be annual or event-triggered updates?
• What is the timeline? The government proposes an implementation date of October 2026, with particular attention to minimising burdens for small employers.

The proposals, if implemented, would introduce new legal duties affecting how organisations engage with unions and communicate workers’ rights. Employers, HR professionals, and trade unions are encouraged to respond to both consultations to help shape the final legislation.

Further reading

• Revised rollout of the Employment Rights Bill
• Read the implementation document in full.
• Employment Rights Bill – Top 8 significant changes – Hunter Law
• Employment Rights Bill: factsheets – GOV.UK
• Post General Election update – How will a Labour Government impact your workplace? – Hunter Law