Employment Rights Bill - reminder to respond to consultations on trade union rights, by 18 December

The Government has launched two consultations in relation to trade union rights:

1. Right of Trade Unions to access workplaces: The ERB provides for a new right for qualifying trade unions to access workplaces. This access can be granted both physically and through digital communication with workers. Access may be sought for various purposes, including to meet, support, represent, recruit, or organise workers, and to facilitate collective bargaining. If an employer and union cannot agree on access terms, the matter can be referred to the Central Arbitration Committee (CAC) for determination. The government intends for this to take effect by October 2026.

The consultation invites views on the operational detail of how the right of access will work, including how unions will request access, how employers will respond, all factors the CAC will take into account when determining whether access should be granted and on what terms, and any fines for breaching access agreements.

2.   Duty to inform workers of their right to join a trade union: The ERB will introduce a new duty on employers to provide workers with a written statement setting out that the worker has the right to join a trade union. The Government proposes the statement should include a brief, factual overview of union functions, a summary of statutory rights relating to union membership, a list of all trade unions that the employer recognises, and a signpost to the .gov.uk page with a list of current trade unions. The Government’s preference is to draft a standardised statement to minimise administrative burden on employers. 

The consultation includes questions on the types of information that should be included within the statement,  whether there should be a standardised statement provided by the government,  and the manner and frequency of delivery (including whether reminders should be delivered).

We strongly urge employers to review the proposals and provide their input. Both consultations were issued on 23 October 2025 and the deadline for responses is 18 December 2025. Your responses are vital to ensure these reforms are practical and responsive to the needs of employers.

 You can respond to the consultation on the duty to inform workers of their right to join a trade union here.

You can respond to the consultation on the rights of trade unions to access workplaces here.