Employment Espresso Pods - The Employment Rights Act 2025: Union Rights - what employers need to know

In this third episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, turn to the significant reforms being made to trade union rights — changes that matter to all employers, whether or not they currently recognise a union. The episode covers the changes to industrial action law already in force since February 2026, as well as further changes expected in the autumn. The team also examines the reformed statutory recognition process, with lower thresholds making it significantly easier for unions to win recognition. Looking ahead to October 2026, they discuss the new obligation to inform workers of their right to join a trade union, and the landmark new right of trade unions to access workplaces — physically and digitally — to meet, recruit and organise, without needing to demonstrate any existing membership in the business. The episode closes with seven practical action points to help employers — unionised and non-unionised alike — get ahead of these changes before the October deadline.