Amendments to the Employment Rights Bill: changes impacting trade unions

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The UK government has introduced a series of proposed amendments to the Employment Rights Bill following consultations with business groups, trade unions, and other stakeholders. There are several changes to the provisions dealing with trade unions, outlined below. The Bill is scheduled for its report stage and third reading in the House of Commons on 11 and 12 March 2025 and is expected to come into force in Autumn 2026.

What are the key amendments?

The amendments are designed to increase workers’ rights while providing greater clarity on employer responsibilities. See below some of the key proposals:

1. Collective Bargaining – The amendments include provisions that will strengthen unions’ collective bargaining power. Trade unions will have a new right to access workplaces for the purposes of representing workers and to facilitate collective bargaining. These measures are designed to help unions secure better outcomes for workers, including better pay, benefits, and working conditions.
2. Notice for Industrial Action – Amendments have been made to timings of the notice period for industrial action. Currently, to strike, a trade union must give an employer at least 14 days’ notice before it commences. The Bill will now require a requirement for 10 days’ notice for industrial action.
3. Mandate for Industrial Action – If workers vote to take industrial action, the current mandate expires after six months and unions are required to hold another ballot for this to be extended. The Bill will include a provision to extend the authorisation period for strikes to one year.
4. Fines – The Bill will introduce fines for employers who fail to comply with union access rights – it is unknown what the financial penalties will be at this stage. Unions must be given the opportunity to represent employees without interference. The introduction of financial penalties for non-compliance will encourage employers to respect this right, especially when it comes to union representatives accessing the workplace to consult with members.
5. Repeal of the 50% Ballot Turnout Requirement for Industrial Action – The government has also taken steps to relax the requirements for union ballot turnouts before industrial action can occur. Previously, unions were required to achieve at least a 50% turnout in ballots before they could call a strike. The latest amendment removes this threshold, simplifying the process and materially reducing the threshold required for unions to initiate industrial action.
6. Virtual Access – In response to changing working patterns, particularly post-pandemic, the Bill also addresses the need for digital engagement by allowing unions to conduct activities, including meetings, training, and consultations, virtually. These changes are designed to make union activities more inclusive and accessible and help foster greater union involvement.

Tips for employers

Given these changes, employers should consider the following tips:

• Adapt to the New Provisions – Employers will need to ensure that they are fully compliant with the rules, when the Bill comes into force, particularly regarding union access rights, as non-compliance could lead to financial penalties.
• Preparing for Industrial Action – The proposed repeal of the 50% ballot turnout requirement could mean that unions have more leverage in pushing for industrial action with a far lower support base within the bargaining unit concerned. Employers should be prepared for the possibility of more strike activity, particularly in sectors where union membership is high, or employee dissatisfaction is prevalent.
• Train Managers – Educate management teams about the new amendments. Proper training can help prevent accidental non-compliance and improve communication with unions.
• Embracing Virtual Engagement – Employers may need to adjust their approach to union-related activities, ensuring that the workplace remains conducive to digital communication and that any necessary resources are provided, if required.

Should you wish to discuss any of the issues raised in this article, please contact James Millet.

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James Millet

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