The Employment Rights Act 2025 (the “Act”) includes reforms intended to simply the trade union recognition process, including reforms to trade union access and unfair practices during the recognition and derecognition process.

A consultation on these reforms (the “Consultation”) was held from February to April 2026. The government has published its response to the Consultation alongside a revised draft code of practice (the “Code”), which provides statutory guidance on the effect of the reforms to employers and workers.  

What is the purpose of the changes?

Trade union access during the recognition and derecognition process is governed by the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”) and a code of practice.

The changes under the Act are aimed at providing better access arrangements for unions and strengthening the provisions on unfair practices.

It should be noted that the Code applies to unfair practices during the statutory recognition processes only – and does not apply to the general right of union access to workplaces to be introduced by the Act.

What did the Consultation cover? 

The Consultation sought views on: 

1. amendments required to be made to the existing code of practice to implement the Act’s reforms; and 
2. the government’s proposals to legislate for new unfair practices to prevent interference in electronic recognition and derecognition ballots. 

Consultation response 

The Consultation response covers 1. only – with the government confirming it will provide a response to its proposals relating to unfair practices during electronic balloting separately. 

The Code and the Consultation response confirm and clarify the following: 

• Scope: Workplaces with less than 21 workers are out of scope of the statutory trade union recognition and derecognition processes, and the provisions of the Code.
• Meeting frequency and duration: During the recognition ballot phase, the suggested minimum frequency of access meetings will increase to once every five working days (currently once every 10 working days), with a suggested minimum duration of 45 minutes (currently 30 minutes). 
• Timing of access: The union’s access to workers should usually take place during normal working hours (including weekends if workers normally work at weekends), but at times which minimise any possible disruption to the employer’s operations.
• Digital access: Digital and physical access are not mutually exclusive, and both should be considered in access arrangements. The Code suggests that it is advisable for employers to: 
  • share materials on the union’s behalf on its digital working boards; and
  • allow a nominated employee to use its IT systems (e.g. email or staff intranet) to distribute information. However, it should be clear that the information is from the union (and not the employer), with employers not required to share any information that is contrary to their legal obligations, unlawful, harassing or discriminatory.
• Unfair practices: The Code and Consultation response clarify that disciplinary action or everyday management decisions (e.g. shift changes or performance reviews) which take place during, but are unconnected to, a recognition process, will not generally constitute an unfair practice. The key question will be if the intention of the action or decision was to disrupt or influence the recognition process.
• The role of the Central Arbitration Committee (CAC): The Code also sets out the role of the CAC and timescales it will operate within during a recognition process. 

When will the changes come into effect?

The government intends for the provisions relating to recognition and electronic balloting unfair practices to come into effect on 30 October 2026. While the government’s response to its proposals relating to unfair practices during electronic balloting is awaited, it has confirmed that it will update its existing guidance on the recognition process and also make any further necessary amendments to the Code. 

What should organisations do to prepare?

Given that under the Act, employers will also need to make workers aware of their right to join a trade union, requests for statutory trade union recognition could become more common. The Code and the government's response signal that both employers and unions will be expected to take a proactive and constructive approach throughout the recognition process. Therefore, organisations which are not currently unionised and think that a request for statutory recognition may be likely may wish to:

• Familiarise themselves with the Code: In particular, the new timescales for frequency and duration of meetings and consider how this could be accommodated with minimal operational impact. 
• Review digital access arrangements: Including how union communications could be facilitated via the organisation’s IT systems. 
• Document management decisions taken during a recognition process: Routine decisions such as disciplinaries, shift changes or performance reviews will not constitute unfair practices if genuinely unconnected to the recognition process. Organisations should ensure decisions are documented with clear, objective business reasons and evidence to demonstrate that there was no intention to influence the recognition process.

Alternatively, organisations who receive a request for trade union recognition may find it more beneficial and less burdensome to negotiate directly with the union with a view to entering into a collective agreement which would voluntarily recognise the union. This approach may allow the organisation to recognise the union on ‘its own terms’ (in relation to the matters subject to, and the rules and processes of, the collective bargaining procedure), rather than engage in the more onerous and regimented statutory recognition procedure.

If you would like to discuss how our team of experienced employment lawyers can support your organisation, please get in touch. You can also find further resources on our ERA 2025 hub.