ERA 2025: Trade Union Access and Recognition Rights

The Employment Rights Act 2025 strengthens trade union access rights in two significant ways. First, unions are given a statutory right of access to workplaces for the purpose of organising — employers cannot simply refuse to allow union representatives entry. Second, the threshold for statutory trade union recognition is lowered, making it easier for unions to gain formal recognition where a majority of the relevant workforce supports it.

For non-unionised businesses, this is not necessarily a threat. Workers join unions when they feel their employer does not listen. A business that manages its people well, pays fairly, and resolves disputes early is not a natural target for organising campaigns. The law changes the background context — it does not mandate union recognition at any specific workplace.

What matters practically: understand the new access obligations and do not refuse access in a way that breaches the statutory right. If a union does approach your workplace, take legal advice early. Mellow tracks workforce consultation activity and gives managers a structured route for resolving concerns before they escalate.