Employment Rights Bill: trade union consultations 

On 23 October 2025, the Government issued several new consultations on measures being introduced under the Employment Rights Bill, which is expected to be granted Royal Assent shortly.  

Two of the consultations deal with changes to trade union rights in the Bill: the new duty for employers to inform workers of their right to join a union, and trade union right of access to the workplace. 

Both consultations close on 18 December 2025, following which the Government will consider the responses and produce draft implementing regulations. The changes are expected to take effect from October 2026. 

Duty to inform 

The consultation seeks views on how the new duty to inform workers of their right to join a union, introduced under clause 62 of the Employment Rights Bill, will work in practice. 

The Government is seeking views on the content, form, delivery method and frequency of the requirement to supply a written statement to workers. 

1. Content of the statement. The content of the statement should be clear and genuinely useful to workers. The Government suggests that the statement should include: 

• an overview of the functions of a trade union 

• a summary of statutory rights relating to union membership 

• a list of trade unions recognised by the employer (if any) 

• signposting to a list of current trade unions. 

2. Form of the statement. The statement could either be in a standard form provided by the Government or provided by employers and tailored to their own workplace. 

3. Manner of delivery. The manner of delivery of the statement may be different depending on whether it is provided to new workers, or on subsequent occasions for existing workers. It is likely that the statement will have to be provided alongside the existing statement of employment particulars (section 1 Employment Rights Act 1996) for new joiners. On subsequent occasions, it is proposed that employers will be able to deliver the statement through direct or indirect methods (such as posting on a notice board, staff portal or intranet). 

4. Frequency. The Government is seeking views on the frequency with which the statement must be reissued after the beginning of employment: every six months, annually or on a sector-specific frequency.  

The intention behind this new duty is that it will increase trade union membership and help level the playing field for workers. For employers, it will increase the administrative burden both on recruitment and during the employment relationship. They will need to ensure that the new duty is embedded into their onboarding process and on a continuing basis, once the Government has decided on the details for compliance. 

Right of access 

Clause 63 of the Bill introduces a new workplace right of access for trade unions. It provides for trade unions and employers to enter ‘access agreements’, allowing trade union officials to access the workforce for certain purposes. This includes meeting, supporting, representing, recruiting and organising workers, and facilitating collective bargaining (but not organising industrial action). Access can be either by physically entering the premises or by communicating with workers, or both.  

The Government’s consultation seeks views on its proposals for how the new right of access will work in practice. 

1. Access requests. It is proposed that trade union access requests and employer responses will have to be in writing, using a standard template set out in a new Code of Practice. The request must include certain specified information (including membership numbers, group/location of workers, purpose, type and frequency of access). The employer must respond within five working days and provide reasons if the request is rejected. A negotiation period of 15 days is suggested, following which the Central Arbitration Committee (CAC) is either informed of agreement or the trade union can make a referral to the CAC for a decision on access. 

2. CAC decision. In the absence of agreement between the parties, the CAC will be able to decide whether access should be granted, taking into account various factors. It is proposed that businesses with fewer than 21 workers are excluded, and that a statutory access agreement should expire after two years. A ‘model access agreement’ is proposed, which (if it is used) is more likely to be granted by the CAC. The Government suggests that weekly access is likely to be considered reasonable, with a minimum of two days’ notice by the union. 

3. Fines for a breach. If a party fails to comply with an access agreement, the CAC will be granted powers to vary the agreement, make a declaration or order compliance. The CAC will also have the power to impose a fine if a breach is repeated within 12 months, with a proposed cap of £75,000, increasing to £150,000 if the breach is repeated.   

The Government will also be consulting on a draft Code of Practice on trade union access in spring 2026, which will set out best practice and practical guidance on how the right to access is carried out by trade unions and employers. 

Those employers who already recognise a trade union are most likely to receive a formal request to enter an access agreement, particularly if access arrangements have previously been contested. Employers should ensure they understand the statutory process once it is confirmed and take steps to comply with access agreements once in place, to avoid the risk of a large fine from the CAC.