Whether you’re an employee, employer, or just interested in the evolving workplace landscape, these changes are worth understanding. Here’s a quick guide to the key updates.
One of the biggest changes coming through is the repeal of the Trade Union Act 2016. The Government believes the Act has placed unnecessary restrictions on trade unions. With its repeal, the law will go back to how it was before 2016, with a few key changes:
- The ballot mandate expiration date will stay, but the Government is looking to extend it from 6 to 12 months.
- The 14-day notice period for industrial action will be shortened to 10 days (it used to be 7 days before 2016).
- The independence of the Certification Officer will be maintained, keeping it free from political control.
Overall, the Bill will remove many of the restrictions from the original Act, giving unions more flexibility to act when necessary. It’s a big win for unions, as they’ll have more freedom to stand up for workers’ rights and improve industrial relations.
When are these changes set to come in?
The repeal of the Act will kick in once the Bill gets Royal Assent. Right now, it’s still making its way through Parliament, with both the House of Commons and the House of Lords debating some changes. Once an agreement is reached, it’ll head for Royal Assent. While we originally expected this to happen by November 2025, the back-and-forth ‘ping-pong’ between the Houses means we’re not quite sure when it’ll be finalised. We’re staying on top of things and will update you as soon as we have more details.
New Legal Requirement for Employers:
The Right to Statement – Informing Employees About Union Membership
Right now, employers aren’t legally required to inform employees about their right to join a trade union. However, that’s about to change.
The Employment Rights Bill will make it a legal obligation for employers to provide a written statement to employees, clearly outlining their right to be part of a trade union. This will be given together with their employment contract or written statement of particulars, as already required under the Employment Rights Act 1996. While the full details are still being finalised, one thing is clear: the government plans to enforce this new rule, with consequences for employers who fail to comply. Existing mechanisms under Section 38 of the Employment Rights Act will be adopted. What does this mean? Employers could face claims in an employment tribunal if they do not provide their workers or employees with the above.
When will Employers be expected to comply with this requirement?
Currently, this change is set to come into play in October 2026.
Stay up to date
Track the latest developments and estimated timeframes on our Employment Rights Bill Dashboard.
