Engaging with collective voice: navigating union rights under the Employment Rights Bill
Workplace Compass: The Employment Rights Bill marks a significant shift in the UK workplace landscape. While much of the focus is on new rights for individual workers, there are wider implications for how organisations engage with their people and manage change.
Why this matters for all employers
A key feature of the bill is the introduction of new statutory rights for trade unions - including the right to request workplace access - across all sectors, even where no union is currently recognised. For some organisations, this could mean formal engagement with a union for the first time.
These changes reflect a broader move towards encouraging employers to take a more proactive approach to workforce engagement. For some, staff consultation groups may provide an effective way to support collective voice. Others may already have, or be considering, voluntary union recognition as a framework for managing change and supporting consultation.
Three changes that require forward planning
1. A collective route to flexibility
The Bill introduces new protections for zero hours and low-hours workers, including guaranteed hours offers, reasonable shift notice, and compensation for late cancellations. These changes will formalise what was previously left to local practice, particularly in sectors reliant on casual or irregular work.
However, the Bill also contains an opt-out mechanism. Employers will be able to agree alternative arrangements through a compliant collective agreement with an independent trade union. This allows for a more tailored approach, provided that the agreed terms are written into contracts and clearly communicated to affected staff.
For organisations operating across multiple sites or with varied shift patterns, that need to retain workforce flexibility, this collective route may offer a structured and practical way to implement tailored arrangements. However, it is only available where there is a recognised union in place.
For non-unionised employers, these changes may prompt a broader review of how flexibility is maintained - whether through internal consultation, updated policies, or engagement with an independent trade union where appropriate. The key will be to assess which route is best suited to the organisation’s existing arrangements and future operational needs.
2. Moving away from 'fire and re-hire'
The Bill also introduces new restrictions on dismissal and re-engagement - often referred to as 'fire and re-hire'. Once in force, it will be automatically unfair to dismiss an employee for refusing a contractual change unless the employer can show serious financial risk and that no reasonable alternative existed.
This represents a significant change. Going forward, many contractual changes will need to be agreed rather than imposed.
In unionised environments, this may take place through collective bargaining, which provides a structured and lawful route for negotiating workplace terms.
In non-unionised settings, employers may instead need to consult with individuals, secure agreement on a case-by-case basis, and manage the risks of delay, uncertainty or resistance.
Both approaches bring their own practical and legal considerations. Planning ahead will be key to implementing changes lawfully and efficiently within the new framework.
3. Statutory union access rights
Trade unions will gain a new right to request access to the workplace, or to communicate with workers remotely, for the purposes of recruitment, representation and collective bargaining. If agreement cannot reached, unions will be able to apply to the Central Arbitration Committee for a determination.
This introduces a new dynamic for employers with no existing union engagement. The Bill provides a clear pathway for union access, even for those with no current recognition arrangements.
Unions are expected to focus efforts where there is high recruitment potential of new union members and limited existing representation, making access requests more likely in non-unionised sectors. Once access is granted, it may, in some cases, lead to formal recognition over time.
Where there is existing support for union engagement among staff, early and constructive discussions may help employers understand and navigate their legal obligations and shape how access is managed.
Strengthening employee voice
The importance of listening to your staff - and making sure they feel heard - is a theme throughout the Bill. It is not limited to unionised employers.
Now is the time to reflect on how staff views are gathered and responded to, whether a union is present or not. That might involve staff forums, consultation bodies, feedback mechanisms, or simply ensuring that line managers are trained to listen and escalate concerns appropriately.
An open and trusted internal voice mechanism can help surface issues early, and may help prevent issues escalating or avoid the need for formal processes altogether.
Planning ahead
There is no one-size-fits-all approach. Some employers may decide to maintain a non-union approach but strengthen internal consultation. Others may review whether voluntary recognition aligns with their workforce needs and operational model. In some sectors, a hybrid approach may emerge, combining different mechanisms to suit the workforce and operational context.
What is clear is that planning now, before the new framework takes full effect, will put employers in a stronger position. This may involve reviewing current recognition arrangements, assessing the likelihood of access requests, updating contracts and policies, or preparing for a different approach to consultation.
Whatever your organisation’s starting point, we can help you explore your options and develop a strategy that fits your workforce, your sector, and your operational goals.
