New Trade Union Rules: What Employers Need to Know

New trade union rules are coming into force from 30 October 2026 as part of the Employment Rights Act 2025.

For many small businesses, the immediate question will be: “We don't have a trade union – does this mean we need one?”

The short answer is no – but you may have to look into what you are obliged to do.

Do I need to sign my business up to a trade union?

No. If your business doesn't currently have trade union involvement, you don't need to find a union, register with one or encourage your employees to join one.

Employees can choose whether or not to join a trade union, and employers must not treat someone unfavourably because they are – or are not – a union member.

So what's changing?

From 30 October 2026, independent trade unions will have new rights to request access to workplaces.

This could include physical access to speak with workers or digital communication with employees for purposes such as recruiting, representing and supporting workers.

This does not mean a union can simply turn up at your workplace and demand entry. There is a formal process for requesting access, and employers and unions will usually be expected to agree suitable arrangements.

If an agreement cannot be reached, the Central Arbitration Committee (CAC) may become involved.

What if I employ fewer than 21 people?

There are additional protections for small employers. The CAC will not be able to impose a workplace access agreement where an employer has fewer than 21 workers, subject to the rules used to calculate workforce numbers.

Other existing trade union rights and protections for workers will still apply.

What if I have 21 or more employees?

You still don't need to sign up with a trade union.

However, you should understand the new access rules and make sure someone within your business knows what to do if a formal union request is received.

Don't ignore a request – there are timescales for responding, so it should be passed promptly to whoever is responsible for HR.

Do I need to tell employees they can join a union?

This is another change on the way.

From 1 January 2027, employers are expected to have a new duty to provide workers with a written statement informing them of their right to join a trade union.

Further guidance will set out exactly how employers need to comply.

What should my business do now?

For most businesses, there is no need to make major changes immediately.

You should:

• Make sure managers understand employees' trade union rights.

• Know who will deal with a trade union request if one is received.

• Review relevant HR policies and procedures.

• Prepare for the new requirement to inform workers about their right to join a union from January 2027.

In summary

No union currently? You don't need to get one.

Fewer than 21 workers? The new statutory workplace access arrangements are more limited for smaller employers.

21+ workers? Make sure you understand how to respond if a union requests access.

All employers? Keep an eye on the January 2027 requirement to provide workers with information about their right to join a trade union.

The changes may sound daunting, but for many small businesses they are primarily about understanding the new rights and being prepared if a union approaches you.

Need help getting your HR documentation ready for upcoming employment law changes?

VA Business Services can help you review your policies and procedures and make sure your business is prepared for the changes ahead.

This article is for general information only and does not constitute legal advice.