Trade union access rights under ERA 2025

The Employment Rights Act 2025 strengthens the rights of trade unions to access workplaces and communicate with workers. For employers who have not had active union engagement before, these provisions may come as a surprise. For those who already work alongside recognised unions, there are new obligations on what access must be granted and when.

The headline change is the right of trade unions to request access to a workplace to speak to workers, even where the union is not formally recognised. Under the existing statutory recognition procedure, a union that achieves recognition is entitled to certain access rights. ERA 2025 extends a more limited access right to unions that are seeking recognition — not just those that have achieved it. An employer cannot simply refuse all engagement with a union that is beginning to organise in their workplace.

Where a union is already recognised, the access rights are broader. Recognised unions are entitled to meet with members on employer premises during working hours in certain circumstances, and the new provisions make it harder for employers to restrict or withdraw this access without good reason. The right is subject to agreement on timing and reasonable operational requirements — the union does not have unlimited access at any hour — but the default position has shifted toward access rather than away from it.

For employers who have historically discouraged union engagement, ERA 2025 represents a shift in the baseline position. It is worth understanding what the law now requires and where the employer still has discretion, rather than applying blanket policies that may no longer be lawful.

The changes also affect collective consultation. ERA 2025 requires employers to inform and consult recognised unions before implementing significant changes to employment terms or conditions. The obligation applies even where the change is presented as beneficial — pay rises, changes to working arrangements, restructuring of roles. See our guide on fire and rehire under ERA 2025 for how the consultation obligations interact with attempts to vary contractual terms.

Anti-union detriment provisions are also strengthened. ERA 2025 makes it clearer that deterring union membership, discouraging workers from taking part in union activities, or selecting workers for dismissal because of their trade union involvement is automatically unfair. The compensation available in cases involving blacklisting or systemic anti-union conduct is significant.

For most employers, the practical response to ERA 2025 trade union provisions is to stop treating union engagement as inherently adversarial. A well-managed relationship with a recognised union — clear communication, genuine consultation, timely information — is less expensive and less disruptive than a contested recognition process or an unfair dismissal claim. The era of simply refusing to deal with unions is harder to maintain under ERA 2025.

See our ERA 2025 compliance checklist for the specific obligations on recognition and access, and our overview of what ERA 2025 means for your business for the wider context.

Mellow's compliance hub includes trade union rights tracking, so you can see which obligations are in force for your organisation and document your engagement activity. [See Mellow pricing →](https://mellowhr.com/pricing)