New trade union rules from 30 October 2026
What is it?
The next set of trade union changes under the Employment Rights Act 2025 starts on 30 October 2026. Three stand out for employers.
1️⃣ Right of access. Independent trade unions will be able to request physical or digital access to your workplace to meet, represent, recruit and organise workers, but not to organise industrial action. This applies whether or not you recognise a union or have any members. Employers with fewer than 21 workers are exempt, counting workers across group and associated companies. It also doesn't apply to a business run from someone's home.
2️⃣ Industrial action. Regulations due to take effect on 30 October will protect workers from being penalised in any way short of dismissal for taking part in protected industrial action, such as being passed over for promotion or left out of meetings. A proportionate deduction of pay for time on strike is still allowed.
3️⃣ Union reps. Equality reps get a new right to reasonable paid time off, reps get a right to reasonable accommodation and facilities, and in a dispute over time off the burden of proof moves to the employer.
What does it mean for you?
If you have 21 or more workers, a union could ask for access even if you've never dealt with one. You'll have 15 working days to respond on a standard form, then 25 working days to negotiate if you don't agree in full. If talks fail, the Central Arbitration Committee can decide, starting from a presumption in favour of access. The model terms allow access up to once a week, and repeated breaches of an access agreement can lead to penalties of up to £500,000.
✅ Decide now who handles an access request and how it's escalated
✅ Make sure decisions about staff involved in industrial action have a clear, legitimate reason you can evidence
✅ Brief managers, reception and security on how union visits will work
One date has moved: the duty to tell workers about their right to join a union is now due in January 2027, not October.
How Lansbury HR can help
We can help you plan your response to an access request, review how you manage industrial action and brief your managers. Get in touch.
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