Employment Rights Act 2025: Trade unions - what employers need to know

The Employment Rights Act 2025 introduces major reforms to trade union rights, recognition procedures, and industrial action. Employers must now provide written confirmation of a worker’s right to join a union, and unions gain expanded access to workplaces—both physically and online—even before formal recognition. Statutory recognition rules are significantly relaxed, with the minimum membership threshold potentially reduced to two percent and the turnout requirement removed. The Act also prevents employers from using non independent unions to block recognition and shifts political fund contributions to an automatic opt out system, while lifting restrictions on public sector payroll deductions. Industrial action rules are also overhauled: the turnout threshold is removed, notification processes are simplified, ballot validity is extended to twelve months, and notice periods are shortened. Detailed picketing rules are abolished, strengthening protections for workers taking action. Oversight powers of the certification officer are substantially reduced, meaning unions will face less regulatory scrutiny than before. For further guidance and updates on when different parts of the Act take effect, visit mishcon.com and search for the Employment Rights Act hub. https://www.mishcon.com/era