Trade Union Changes October 2026: What Employers Need to Know

Several changes to strengthen trade union rights have taken shape over the last 10 months, including removing minimum service level rules, strengthening dismissal protections, and changes to how ballots work. As we head into October, we are approaching another period of change to trade union measures under the Employment Rights Act 2025, with many measures taking effect on 30 October 2026. 

New Electronic and Workplace Ballot Methods

Firstly, it is important to note a measure that took effect on 25 August 2026. This measure introduced new legislation allowing electronic and workplace ballots for statutory trade union ballots (in addition to the current postal voting method). It was designed to make ballot decisions more representative of members’ views by providing alternative ways for members to cast their votes. To support this, the role of a ‘responsible person’ has been introduced to decide the voting method or combination of methods for a ballot.

Trade Union Changes from 30^th October 2026

The following measures will come into effect on 30^th October 2026:

Workers must be informed of their right to join a trade union

Employers will be required to provide workers with a written statement explaining their right to join a trade union. This should be provided alongside their contract of employment. The aim is to ensure workers are aware of their trade union rights from the start of their employment. Employers should therefore review their onboarding and employment documentation to make sure the new requirement is included.

Strengthened rights for trade unions to access workplaces

Currently, trade unions generally rely on their members to access a workplace or on the employer agreeing to provide access. From 30 October 2026, new rules will give independent trade unions a formal right to request access to workplaces and communicate directly with workers, either in person, digitally or both.

Employers must respond to a union access request within 15 working days to discuss the terms of access. If the employer does not respond or an agreement cannot be reached, the union can apply to the Central Arbitration Committee (CAC) to decide the outcome.

However, there are some access restrictions for trade unions which include:

• Not allowed to gain access for the purpose of organising industrial action.
• Access cannot include entering someone’s home or sharing personal data without their consent, or where doing so would breach data protection laws.
• The CAC will not approve access requests for workplaces with fewer than 21 workers.

Employers should consider how they would manage physical and digital union access within their workplace. To prepare:

• Train managers to understand what an access request looks like and how to respond.
• Provide a suitable area or room for trade union representatives to use, where appropriate for the workplace.
• Keep a clear audit trail of all access requests and responses. If useful, consider setting up a dedicated inbox for access requests, so it is easier to manage and keep track of.

Changes to the trade union recognition process

The process for trade union recognition and derecognition will change. Unions will have access to workers earlier in the process and rules around unfair practices will apply earlier. This means employers and unions must take care not to use actions such as pressure, threats or other improper measures to influence the outcome of a recognition ballot.

The changes will also ‘freeze’ the bargaining unit when a recognition application is received, meaning workers who join the proposed bargaining unit after this point will not be counted in the recognition process.

Employers should make sure managers understand the new rules and know how to respond if a union seeks recognition.

Enhanced rights and protections for trade union representatives

A new statutory role for union equality representatives will be introduced. This will give them a legal right to paid time off and access to facilities to carry out their equality duties.

In addition, employers will need to provide union representatives with reasonable access to suitable facilities and accommodation so they can carry out their duties and support workers effectively.

Extended protection for workers against detriment for taking industrial action

Protections for workers taking part in industrial action are strengthened, closing gaps identified through case law and providing greater protection from detriment.

Risks of Not Complying

These changes could significantly impact many more businesses, particularly as unions will have greater rights to access workplaces. Greater rights for trade unions bring greater responsibility for employers to follow the correct processes. Risks of not complying include:

• CAC involvement – Failing to respond properly to a union access request or failing to follow an agreed access arrangement could result in the matter being referred to the Central Arbitration Committee (CAC).
• Financial Penalties – The CAC will have powers to enforce statutory access arrangements and can impose fines where an agreement is breached.
• Disruption to your business – Failing to plan and make arrangements for union representatives to access the workplace could create practical and operational difficulties.

To find out more or to discuss the upcoming trade union changes in October further, please get in touch with our team.

T: 0330 107 1037

E: contact@hpc.uk.com

LinkedIn: High Performance Consultancy