New trade union rules coming in October 2026: What employers need to know

The October reforms build on changes already introduced in February and April 2026, including reforms to statutory trade union recognition. They are also accompanied by further changes from August 2026, when statutory trade union ballots may be conducted electronically. Together, these measures represent a significant shift in the UK's trade union framework and may have important implications for employers.

The main package of changes taking effect on 30 October 2026 include a new duty to inform workers of their right to join a trade union, a statutory right for unions to access workplaces, enhanced facilities for union representatives, stronger protections for workers taking industrial action, and updates to the trade union recognition framework.

With several of the underlying regulations and codes of practice only recently published, and some details still to be finalised, employers should start reviewing their policies and practices now rather than waiting until the last minute.

Summary

• From 30 October 2026, employers must provide workers with a written statement setting out their right to join a trade union.
• Trade unions gain a new statutory right to request access to workplaces - physically and digitally - to meet, support, represent, recruit or organise workers. Employers with fewer than 21 workers are exempt.
• Employers must provide reasonable facilities and accommodation to trade union officials, learning representatives and the newly created role of equality representatives.
• Workers taking part in lawful industrial action gain new protection from detriment, not just dismissal.
• An updated Code of Practice on trade union recognition takes effect, alongside new restrictions on unfair practices during recognition ballots.

October 2026 changes

Duty to inform workers of their right to join a trade union

For the first time, employers will have a proactive legal duty to tell workers that they have the right to join a trade union - regardless of whether the employer recognises a union or has any unionised staff.

This must be provided as a written statement. Government proposals for the statement include an explanation of what trade unions do, a summary of workers' statutory rights relating to union membership, details of any unions recognised by the employer and a signpost to further government information. The precise requirements will be set by secondary legislation, and the Government intends to provide the statement for employers to issue.

Crucially, this is not a one-off task for new starters. The duty is expected to extend to the existing workforce too, and the statement will need to be reissued at prescribed intervals, so employers will need a process for keeping this current.

Please note - employers cannot be sued solely for failing to provide this information. However, where a worker successfully brings another relevant employment tribunal claim, the tribunal may award an additional two to four weeks' pay for the failure, subject to the statutory cap on a week's pay. This mirrors the enforcement mechanism that applies to section 1 statements of employment particulars.

A new right of access to workplaces

Trade unions will gain a general right to request access to workplaces for the purpose of meeting, supporting, representing, recruiting or organising workers, and facilitating collective bargaining.

Employers and unions will remain free to agree access arrangements voluntarily, and any agreed arrangements can continue to operate outside the statutory regime, without needing to be formalised through it. However, a union will not be required to pursue voluntary discussions before using the statutory process.

This is a significant change. Unlike the current position, a union will be able to seek workplace access through a formal statutory procedure where agreement cannot be reached voluntarily. Ultimately, the Central Arbitration Committee (CAC) will have the power to determine the terms of access and impose a binding access arrangement.

Access can be physical or digital - for example, a union may ask to hold meetings on site, or to communicate with workers by email or virtual meeting. Importantly though, the statutory access purposes do not include organising industrial action.

The government has published a Code of Practice: Right of trade unions to access workplaces, which sets out how the new right is expected to operate, including the standard forms for making and responding to a request. Employers should treat this Code as an important reference point when preparing for October.

The statutory process is subject to strict time limits:

1. The union submits a written access request to the employer.
2. The employer has 15 working days to respond in writing.
3. If the employer does not agree in full to the request, a 25 working-day negotiation period follows, during which the parties attempt to agree the terms of access.
4. If no agreement is reached, the union can refer the matter to the Central Arbitration Committee (CAC) within 55 working days of the original request.
5. The CAC may determine the terms of access and impose a binding access arrangement.

In limited circumstances, the overall timetable could be extended to 70 working days. [1]

Employers with fewer than 21 workers are exempt from the access regime. The 21-worker threshold is assessed by reference to associated employers, meaning a business employing fewer than 21 workers may still be within scope if it forms part of a wider associated employer with 21 or more workers.

For employers within scope, a blanket policy of refusing access to union representatives will no longer be a realistic option. Statutory access requests will need to be managed carefully and within the statutory timetable.

Digital access

Digital access can include communications through channels the employer normally uses to communicate with staff, such as email, messaging systems, intranets or collaboration platforms. It can also involve facilitating online meetings between the union and workers. Where an employer cascades union communications, the Code says these should be provided in a standalone format rather than being incorporated into an unrelated workforce update.

Importantly, unions will not generally be given direct access to an employer's IT systems. Where a union wants to contact individual workers directly using their personal contact details, consent will generally be required for those details to be shared.

Enforcement of access

The union or employer can complain to the CAC about a breach of an access agreement within three months of the breach.

If the complaint is upheld, the CAC can order steps to be taken to ensure compliance.

If there is another breach within 12 months, the CAC may impose the following financial penalties:

• The first penalty for breach of an access agreement will be capped at £75,000.
• The second penalty for repeated non-compliance will be capped at £150,000.
• The maximum penalty for each further breach of the same access agreement will be £500,000.

The three-tier framework will apply even if the subsequent breaches are of a different nature to the previous breaches. Breaches at multiple workplaces covered under the same access agreement can be treated cumulatively and enable a higher penalty to be imposed, though the penalty must be proportionate to the breach.

Facilities and time off for union representatives

Employers who recognise a trade union already have to give union officials paid time off for union duties and related training. The ERA goes further, introducing a new duty to provide reasonable accommodation and facilities where a representative reasonably requests this to carry out their role.

This facilities duty applies not just to trade union officials, but also to trade union learning representatives and to the newly created category of trade union equality representatives, who support members on matters relating to equality in the workplace.

Enhanced protection from detriment for industrial action

Dismissing a worker for taking part in lawful industrial action has long been automatically unfair, but the law has not, until now, protected workers from lesser detriments - such as action short of dismissal.

From 30 October 2026, workers will have a new right not to be subjected to a detriment where the employer's sole or main purpose is to prevent, deter or penalise them for taking part in protected industrial action. The protection is intended to cover detriments imposed for the purpose of penalising, preventing or deterring workers from taking protected industrial action. The detailed scope of prohibited detriments will be set out in the regulations.

Revised Code of Practice on trade union recognition

Following the simplification of the statutory recognition process introduced in April 2026, a revised Code of Practice on access and unfair practices during trade union recognition and derecognition processes is expected to come into force in October 2026, subject to final parliamentary approval. The revised draft Code has already been published and laid before Parliament. Alongside this, new restrictions on unfair practices during recognition ballots will apply, aimed at ensuring the process is conducted fairly by both employers and unions. [2]

The October reforms will also freeze the bargaining unit at the point a statutory recognition application is received. Workers who join the bargaining unit after the application date will generally be disregarded for the purposes of the recognition process. This is intended to prevent changes to the workforce from altering the composition of the bargaining unit after a recognition application has been made.

Employers who are, or may become, subject to a recognition claim should familiarise themselves with the revised Code now and monitor its progress through Parliament, as it is expected to set the benchmark for what regulators and tribunals consider reasonable conduct during a recognition campaign.

What should employers do now?

Several of these reforms are still subject to final regulations, so some detail may shift before October. That said, employers shouldn't wait for every last piece of guidance before acting. Sensible steps now include:

• Identifying whether your organisation is within scope of the new statutory access regime, including considering associated employers and the 21-worker threshold.
• Reviewing internal communication channels and data-sharing arrangements so you can respond appropriately to requests for digital access.
• Reviewing recognition procedures and ensuring HR teams understand the changes to the statutory recognition process, including the new rules on bargaining units and unfair practices.
• Reviewing the relevant Code of Practice and supporting guidance, including any template letters and forms as they become available.
• Identifying the individuals or teams responsible for managing trade union access requests and ensuring that any requests are promptly escalated to them.
• Briefing managers on the organisation's approach so that requests are not refused informally or handled inconsistently.
• Training managers, HR teams and visitor-facing staff (such as receptionists and security guards) to ensure union visits are handled appropriately (once arrangements are in place).

Further reading

For more information on the wider changes taking effect throughout 2026, you may find the following articles helpful:

• Employment Rights Act: October 2026 changes
• Employment law changes in April 2026: What you need to know
• The Fair Work Agency: What this new enforcement body means for employers
• Statutory Sick Pay (SSP) changes from April 2026
• Unfair dismissal changes 2027: The six-month qualifying period explained

Not sure what to prioritise before October? Our free ERA webinar on 16 September walks through upcoming legislation changes, the practical steps employers can take now, and the risks of leaving policy reviews too late. Register here.

Frequently asked questions

• When do the new trade union rules take effect? The main package of reforms takes effect on 30 October 2026. It builds on earlier changes introduced in February and April 2026 (including reforms to statutory trade union recognition), and is accompanied by separate changes from August 2026, when statutory ballots may be conducted electronically.
• Do employers need to tell staff about their right to join a trade union? Yes. From 30 October 2026, employers have a new proactive legal duty to give workers a written statement setting out their right to join a trade union - even if the employer doesn't recognise a union or have any unionised staff. The statement is expected to cover what trade unions do, a summary of workers' statutory rights on union membership, details of any recognised unions, and a signpost to further government information.
• Is this a one-off requirement for new starters? No. The duty is expected to extend to the existing workforce as well as new joiners, and the statement may need to be reissued at prescribed intervals, so employers will need an ongoing process to keep it current.
• What happens if an employer fails to provide the statement? An employer cannot be sued solely for failing to provide it. However, if a worker successfully brings another relevant employment tribunal claim, the tribunal may award an additional two to four weeks' pay for the failure, subject to the statutory cap on a week's pay.
• Do trade unions now have a right to access workplaces? Yes. Unions gain a general statutory right to request access to workplaces from 30 October 2026 - physically or digitally - to meet, support, represent, recruit or organise workers, and to facilitate collective bargaining. Where a voluntary agreement can't be reached, the union can use a formal statutory procedure, and the Central Arbitration Committee (CAC) can ultimately determine and impose binding access terms.
• Which employers are exempt from the access regime? Employers with fewer than 21 workers are exempt. This threshold includes workers from any associated companies, so a business with fewer than 21 workers could still be in scope if it's part of a wider group with 21 or more workers overall.
• What are the time limits for a workplace access request? The union submits a written request; the employer has 15 working days to respond; a 25-working day negotiation period follows; if unresolved, the union can refer the matter to the CAC within 55 working days of the original request; and in limited circumstances the overall timetable can extend to 70 working days.
• What does "digital access" cover? It can include communication through channels the employer already uses with staff - email, messaging systems, intranets or collaboration platforms - as well as facilitating online meetings. Union communications cascaded by the employer should be sent in a standalone format rather than folded into an unrelated staff update. Unions won't generally get direct access to an employer's IT systems, and sharing individual workers' personal contact details will generally require their consent.
• What happens if an access agreement is breached? Either party can complain to the CAC within three months of a breach, and the CAC can order compliance steps. If a further breach occurs within 12 months, the CAC can impose escalating financial penalties: up to £75,000 for the first breach, up to £150,000 for a second, and up to £500,000 for each further breach of the same agreement - even if the nature of the breaches differs, and potentially cumulative across multiple workplaces under the same agreement.
• Do employers need to provide facilities to union representatives? Yes. Employers already have to give union officials paid time off for union duties and training where a union is recognised. The ERA adds a new duty to provide reasonable accommodation and facilities on request, and this now extends beyond union officials to trade union learning representatives and the newly created role of trade union equality representatives.
• Are workers protected if they take industrial action? Dismissal for lawful industrial action has long been automatically unfair. From 30 October 2026, workers also gain a new right not to be subjected to a detriment (short of dismissal) where the employer's sole or main purpose is to prevent, deter or penalise them for taking part in protected industrial action. The detailed scope will be set out in regulations.
• Is the trade union recognition process changing too? Yes. A revised Code of Practice on access and unfair practices during recognition and derecognition processes is expected to come into force in October 2026, alongside new restrictions on unfair practices during recognition ballots. The bargaining unit will also be "frozen" at the point a recognition application is received, so workers joining afterwards are generally disregarded for that process.
• What should employers do to prepare? Key steps include checking whether the organisation is in scope of the access regime (including the 21-worker threshold and associated employers), reviewing internal communication and data-sharing arrangements, updating recognition procedures, reviewing the relevant Codes of Practice and template forms, assigning responsibility for handling access requests, updating internal policies, and training managers and visitor-facing staff.

This article is intended for informational purposes only and does not constitute legal advice. The information is accurate at the time of writing but may be subject to change. For advice specific to your situation, please consult a qualified professional.

[1] Department for Business & Trade. Code of Practice: Right of trade unions to access workplaces, July 2026.

[2] GOV.UK. Consultation outcome. Make Work Pay: recognition code of practice and e-balloting unfair practices, February 2026.