Employment Rights Bill: Key changes to trade union regulations

Response to Government consultation on trade unions and industrial relations published and confirmation that the Employment Rights Bill now moved to the House of Lords for debate.

Following the recent consultation on modernising the industrial relations framework, the Government has recommended several changes to the Employment Rights Bill in relation to trade unions.

Areas pinpointed for change include:

• Notice period for industrial action – increased from seven to 10 days.
• 50% industrial action ballot turnout threshold not to be repealed immediately and to be tackled in conjunction with e-balloting.
• Framework for fines to be issued for non-compliance with the right of access will be introduced.
• Validity of mandate for industrial action extended from six to 12 months.
• Maximum number in a bargaining unit to be set at the date when the CAC receives the application for recognition from the trade union.
• Access arrangements to include virtual access.
• New requirement that unions give members notice of their right to opt out of the political fund every ten years (replacing the need for a ballot of members).

Other pledges relating to industrial relations include:

• Introduction of e-balloting and workplace balloting for trade union ballots.
• Reduction of the admissibility requirements for the statutory trade union recognition ballot procedure.
• Use of secondary legislation to introduce more protections for trade union members and representatives.

All of the above shows a clear focus from the Employment Rights Bill to make changes the way industrial relations operate.

Further, it has now been confirmed that the Employment Rights Bill will receive Royal Assent in July. The Bill has now moved to the House of Lords for debate, should it progress at normal speed then it is likely that some parts of the Employment Rights Act 2025 will come into force in October 2025.

If you need detailed advice on this or any other aspect of employment law, please get in touch with the Employment Team at Backhouse Jones on 01254 828 300 or employment@backhouses.co.uk

This article was written by Catherine Borrett and Gabrielle Scriven.