The Employment Rights Bill: changes to trade union law

It is the Government’s belief that strong collective bargaining rights and institutions are key to tackling problems of insecurity, inequality, discrimination, enforcement and low pay.

The Employment Rights Bill 2024 (the Bill) introduces significant reforms to UK trade union legislation, aiming to enhance workers’ rights and modernise industrial relations.

Key Proposals

• Mandatory notification of trade union rights

Employers will be required to inform employees of their right to join a trade union. This written notification must be provided alongside the statement of employment particulars. Penalties for non-compliance will be the same as those for failing to provide employment particulars.

• Simplified union recognition process

The Bill paves the way for the threshold for trade union recognition to be lowered, potentially enabling unions to seek bargaining rights with between 2% and 10% of membership within a workplace, down from the previous 10%. Additionally, the requirement for a 40% turnout in recognition ballots will be removed, facilitating easier union recognition and collective bargaining.

• Trade union access to workplaces

Employers will be required to grant trade unions greater access to their workplaces by entering into access agreements allowing union officials to meet, represent, recruit, and organise workers, as well as to facilitate collective bargaining. Employers must respond to union access requests and may face penalties for non-compliance.

• Facilities for trade union officials

The existing right for trade union representatives to receive paid time off to carry out their duties, and to be provided with access with facilities to do so, will be strengthened.

• Reduced notice periods for industrial action

The notice period that unions must provide to employers before commencing industrial action will be reduced from 14 days to 7 days, allowing unions to respond more swiftly in disputes.

• Dismissal for taking industrial action

The unfair dismissal protection or striking employees will be strengthened.

How employers can prepare for changes to trade union law

All employers will need to review and update contracts of employment in due course to inform employees of their rights to join a trade union.

HR professionals in non-unionised workplaces (particularly those of larger employers) will need to upskill to ensure that they are ready to deal with any access requests from unions and any recognition that may follow.

Workplaces that are already unionised will need to be mindful of the changes to notification periods and also ensure that they are ready to deal with requests for facilities from trade union officials.

By proactively addressing these reforms, employers can navigate the evolving landscape of UK employment law and maintain constructive industrial relations.

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