Employment Rights Bill: Government consultation on trade union reform

On 23 October 2025, the Government launched a series of consultations on reforms under the Employment Rights Bill (ERB), covering family rights and trade union reform. Businesses and workers are invited to share their views on how these reforms should work in practice.

This article summarises the consultations on trade union reforms, including proposals on union access rights and the duty to inform workers of their right to join a union. For details on the family rights consultations, see here. 

Trade union reform

The ERB introduces reforms aimed at modernising industrial relations, with trade union reforms including strengthening collective bargaining rights and trade union recognition. We have provided a full overview of key reforms affecting trade unions here.

The Government has published two consultations on aspects of trade union reform:

• Trade union right of access
• Duty to inform workers of right to join a union

Both consultations remain open until 18 December 2025, with reforms expected to come into effect in October 2026.

Right of access

Currently, trade unions do not have a general statutory right of access to workplaces; access is only available through voluntary agreements or individual trade union members. 

The ERB sets out a new framework for union rights of access, including a statutory process for making requests, overseen by the Central Arbitration Committee (CAC). The consultation seeks views on proposals for how this should operate in practice, including:

• Requesting and negotiating an access agreement – how unions should make access request and how employers should respond.
• CAC determinations – factors the CAC should consider when deciding whether or not access should take place where the parties cannot agree.
• Fines for breach – the level of fines and how they should be calculated.

The Government also has plans to consult on a new Code of Practice on trade union right of access in spring 2026.

Duty to inform workers of their right to join a union

The ERB will introduce a new duty on employers to provide employees with a written statement informing them of their right to join a trade union. 

The consultation seeks views on how the duty should work in practice, including:

• Form of the statement – the ERB requires the statement to be in writing. The Government proposes this should be a standard statement provided by government, with employers adding workplace specific details. An alternative is for employers to draft their own version.
• Content – the Government's proposed content includes: an overview of trade union functions, a summary of rights associated with union membership, a list of any recognised unions, and a link to a Government list of unions.
• Manner of delivery – the Government proposes providing the statement to new employees directly alongside their section 1 particulars of employment. It suggests giving the statement to existing employees either directly or indirectly (eg via an intranet or staff portal).
• Frequency of delivery – the ERB requires the statement to be given to workers at the start of their employment and 'at other times'. The consultation asks whether reminders should be sent every six months, annually or at sector specific intervals, with the Government proposing annual reminders.
  
  

Information about ERB reforms

To support employers prepare for changes being brought in by the ERB, we have created a dedicated Employment Rights Bill resource hub offering key information and guidance on the reforms. This page will be regularly updated as the situation develops.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, October 2025