Trade Union Rights and Facility Time: What UK Employers Need to Know

The Employment Rights Act 2025 includes the most significant expansion of trade union rights in decades. Several changes are already in force. More are coming in October 2026 and beyond.

This guide covers what employers need to know, whether you recognise a trade union or not.

What Has Already Changed

February 18, 2026: Trade Union Act 2016 Largely Repealed

The majority of the Trade Union Act 2016 was repealed on 18 February 2026. This Act had introduced a range of restrictions on trade union activities, including tighter requirements for industrial action ballot mandates, minimum turnout thresholds, and restrictions on picketing.

What this means for employers:

The repeal makes it somewhat easier for trade unions to call and sustain lawful industrial action. Specifically:

The two-week notice period for industrial action (introduced in 2016) is simplified
Ballot notice requirements are simplified
The 10-year ballot requirement for trade union political funds is removed
Workers dismissed for taking protected industrial action have enhanced protections

If you operate in a sector with active trade union membership, be aware that the barriers to lawful industrial action have been reduced.

February 18, 2026: Notice for Day One Leave Rights

Employees who became eligible for Day 1 Paternity Leave and Day 1 Unpaid Parental Leave (ahead of the 6 April 2026 commencement date) could begin giving notice from 18 February 2026. Some employers may already have received notice from employees.

April 1, 2026: Certification Officer Levy Repealed

The levy that trade unions and employer associations paid to the Certification Officer is abolished. This is a minor administrative change with no significant operational impact on employers.

What Is Changing in October 2026

Several significant provisions for trade union rights take effect in October 2026.

1. Employers Must Inform Workers of Their Right to Join a Trade Union

From October 2026, employers will be required to inform their workers that they have the right to join a trade union. This is expected to be a new obligation in written statements of employment particulars.

What you need to do: Update your written statement template (employment contract) to include a statement about the right to join a trade union. Specific wording is expected to be set out in regulations.

2. Strengthened Right of Trade Union Access

Trade unions will have a strengthened right of access to workplaces to organise and represent workers. The existing access regime under the Employment Relations Act 1999 is being updated to reduce the barriers for unions seeking access.

What this means for employers:

If a trade union requests access to your workplace to meet with workers, you will have less scope to refuse or delay. You cannot treat union access requests as you might treat other business decisions. Refusing access without lawful justification will be a breach of the new rules.

The specific regulations on the access regime are expected to be published ahead of October 2026.

3. New Rights and Protections for Trade Union Representatives

From October 2026, trade union representatives (including shop stewards and union officials) have enhanced rights in the workplace, including:

Enhanced protections against detriment for carrying out union activities
New rights around access to facilities (time off, use of rooms, access to notice boards)
Stronger protections around facility time

4. Unfair Practices in the Recognition Process

The rules around trade union recognition are tightened. Specifically, unfair practices by employers during the recognition process (for example, making threatening statements, offering inducements to workers not to support recognition, or interfering with ballots) are subject to enhanced penalties.

If you are in a situation where a trade union is seeking recognition, take legal advice promptly. Do not attempt to influence the ballot or workers' decisions through improper means.

5. Protection Against Detriment for Industrial Action

Workers who participate in protected industrial action have enhanced protections against detriment. Dismissing or penalising workers for participating in lawful industrial action is strengthened under the ERA 2025.

What Is Coming in August 2026

Electronic and workplace balloting for statutory trade union ballots takes effect in August 2026. Trade unions will be able to use electronic methods (email, online voting) and workplace-based balloting instead of postal ballots for statutory recognition and industrial action ballots.

This is expected to increase ballot turnout and make it easier for trade unions to achieve the majorities required for lawful industrial action. For employers in unionised workplaces, be aware that the practical barriers to lawful industrial action are being reduced.

What Is Coming Later (Dates TBC)

The following measures related to trade unions and industrial relations are expected in 2027 with specific dates to be confirmed:

An updated industrial relations framework
Extending blacklisting protections (blacklisting trade union members is already unlawful; the ERA 2025 extends these protections)
Electronic and workplace balloting for recognition and derecognition ballots

Facility Time: Your Obligations

Trade union representatives in your workplace have the right to "facility time": paid time off to carry out their union duties.

Who Has Facility Time Rights?

Employees who are officials of an independent recognised trade union are entitled to reasonable paid time off to carry out trade union duties. These include:

Collective bargaining with the employer
Accompanying workers to disciplinary and grievance hearings
Handling redundancy consultations
Taking part in trade union training

Note: The right to facility time applies to officials of recognised unions. If you do not have a recognised union, facility time rights are more limited. However, any worker has the right to be accompanied at formal disciplinary or grievance hearings by a trade union representative, regardless of whether that union is recognised by you.

How Much Facility Time Is Reasonable?

The Employment Rights Act 1996 says the amount of time off must be "reasonable". There is no fixed number of hours. ACAS guidance suggests looking at the volume of casework, the number of workers the representative covers, and the specific activities involved.

In unionised workplaces with an active recognition agreement, the agreed level of facility time is usually set out in a facilities agreement. If you have one, review it to ensure it remains current.

Facility Time Reporting

Employers with 250 or more employees must publish annual information about facility time provided to trade union representatives. This requirement was introduced in 2017 and remains in force. If you have 250 or more employees, check you are fulfilling this reporting obligation.

Does Your Business Recognise a Trade Union?

If you recognise a trade union:

You already have obligations around collective bargaining, information and consultation, and facility time. Review your recognition agreement in light of the ERA 2025 changes. Consider whether your agreement needs updating to reflect the new rights.

If you do not recognise a trade union:

Workers still have the right to join a trade union, and that right must now be communicated to them (from October 2026). Workers also have the right to be accompanied by a trade union representative at formal disciplinary and grievance hearings.

You cannot dismiss, demote, or disadvantage an employee for being a trade union member, for participating in trade union activities, or for seeking trade union representation. These dismissals and detriments are automatically unfair.

If a trade union seeks recognition:

Trade unions can apply for statutory recognition through the Central Arbitration Committee (CAC) if you have 21 or more employees and the union has sufficient support. Under the ERA 2025, the barriers to statutory recognition are slightly reduced. If a union approaches you about recognition, take legal advice promptly.

Common Employer Mistakes Around Trade Union Rights

Mistake 1: Refusing reasonable accompaniment requests

Any employee facing a formal disciplinary or grievance hearing has the right to be accompanied by a colleague or trade union representative. Refusing this right is a serious breach. The companion does not have to be from a recognised union.

Mistake 2: Dismissing someone for trade union activities

Dismissal or detriment connected to trade union membership or activities is automatically unfair with no qualifying period. Even a new starter who is dismissed for joining a union has an uncapped claim.

Mistake 3: Interference in a recognition ballot

If a trade union is seeking recognition and you attempt to influence workers' votes through improper means (threats, inducements, misinformation), you are breaching the ERA 2025 rules on unfair practices. The penalties are significant.

Mistake 4: Not providing adequate facility time

If you have a recognised union and regularly refuse reasonable requests for facility time, you are in breach of the Employment Rights Act 1996. The representative can make a complaint to an employment tribunal.

Mistake 5: Treating union-related absence as unauthorised

Paid facility time for recognised union duties is a right. Do not mark this time as unauthorised absence or use it against the representative in performance or disciplinary proceedings.

Checklist: Trade Union Compliance Under ERA 2025

[ ] Employment contract updated to include right to join a trade union (required from October 2026)
[ ] Recognition agreement reviewed and updated if you have a recognised union
[ ] Managers briefed: they cannot refuse reasonable accompaniment requests
[ ] Managers briefed: dismissal or detriment for trade union activities is automatically unfair
[ ] Facility time arrangements reviewed and up to date
[ ] If 250+ employees: annual facility time report published
[ ] If union seeks recognition: seek legal advice before responding
[ ] Industrial action contingency plan updated to reflect reduced ballot barriers

FAQ: Trade Union Rights UK

Do I have to allow trade union representatives into my workplace?

From October 2026, trade unions have a strengthened right of access to organise and represent workers. You cannot unreasonably refuse access. The specific rules on the new access regime will be set out in regulations expected ahead of October 2026.

Can I offer workers inducements not to join a trade union?

No. Offering workers additional pay or benefits on condition that they do not join a trade union, or that they agree not to have their terms negotiated by a union, is prohibited under the Employment Relations Act 1999 and strengthened by ERA 2025.

What if a worker wants to be accompanied by a union rep, but the rep is from a union I do not recognise?

It does not matter. The right to be accompanied applies regardless of whether the union is recognised. The representative just needs to be a union representative.

Does the Trade Union Act 2016 repeal affect existing collective agreements?

Existing collective agreements are not automatically changed by the repeal of the TUA 2016. However, provisions in your recognition agreements or collective agreements that were specifically designed to comply with the TUA 2016 rules may now be more onerous than legally required. Review them.

Can I dismiss someone on a final written warning who also happens to be a trade union rep?

Yes, if the dismissal is genuinely for a fair reason (conduct or capability) and you have followed a fair process. The fact that someone is a trade union representative does not give them immunity from disciplinary processes. But you must be especially careful: any suggestion that the dismissal was motivated by their union activities would be automatic unfair dismissal.

Get Your Employment Contracts Updated

The October 2026 changes require employers to inform workers of their right to join a trade union. This means updating your written statement of particulars before October 2026.

EmployerKit Audit from £49. We check your employment contracts against the ERA 2025 requirements, including the October 2026 changes.

Last updated: April 2026