The Work Couch: Industrial relations reset: Trade union reforms under the ERA

Welcome to The Work Couch, the podcast where we discuss all things employment.

In this episode, we unpack the trade union reforms introduced by the Employment Rights Act 2025 and what they mean for employers in practice - from recognition and facilities, to a new union access framework and changes to blacklisting rules.

Host Ellie Gelder is joined by Drew Chateau, associate, and Briana Cumberbatch, trainee solicitor, both from our Employment, Engagement & Equality team, who share their insights on:

• Statutory union recognition changes, including new thresholds and what employers should do when a recognition request lands;
• Expanded rights for trade union representatives, including paid time off, "reasonable facilities", and the new equality representative role;
• The new statement of trade union rights: what it is, when it must be issued, and practical implementation pitfalls;
• The proposed workplace access framework, including key response/negotiation timeframes and the role of the Central Arbitration Committee;
• Blacklisting reforms and the growing importance of third-party and data/AI due diligence in recruitment and workforce decisions; and
• Top tips to ensure business readiness for the upcoming reforms.

The Work Couch will bring you more updates on the Employment Rights Act (ERA) as they develop. In the meantime, you can keep on top of all of the 25 plus employment law reforms introduced by the ERA - as well as access key watch-outs – by signing up to our ERA tracker, a free resource which is regularly updated by the Employment, Engagement & Equality team.

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All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1.   Draft Trade Unions (Right to Access Workplaces) Regulations 2026

2.   Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026

3.   Draft Code of Practice: Right of trade unions to access workplaces

4.   Draft Acas Code of Practice: Time Off for Trade Union Duties and Activities