Trade union Codes updated ahead of October reforms

Background

The Employment Rights Act 2025 introduces significant changes to trade union recognition procedures and to the rights of trade union representatives. Many of those changes are due to come into force in October 2026, alongside revised statutory Codes of Practice intended to help employers, trade unions and the Central Arbitration Committee (CAC) apply the new framework in practice.

During the past week, the Government has published its response to the consultation on the revised Code covering statutory recognition and derecognition procedures, while an updated Acas Code of Practice on time off for trade union duties and activities has also been laid before Parliament.

Update

The revised recognition Code provides further guidance on the new statutory recognition process. It confirms that unions will have greater opportunities to access workers during recognition campaigns, including more frequent workplace meetings and enhanced digital access arrangements. The Code also provides additional guidance on what may constitute an unfair practice during a recognition campaign, emphasising that employers remain entitled to express their views provided they do so reasonably and without seeking to improperly influence the outcome. It also clarifies that ordinary management decisions, such as disciplinary action or changes to shift patterns for legitimate business reasons, will not necessarily amount to unfair practices.

The updated Acas Code reflects the expanded rights introduced by the Employment Rights Act 2025 for union representatives. In particular, it provides practical guidance on the new rights of union equality representatives, the expanded entitlement to reasonable workplace facilities, including digital facilities where appropriate, and the factors employers and trade unions should consider when agreeing requests for paid time off, accommodation and other facilities. Subject to Parliamentary approval, both Codes are expected to come into force in October 2026.

Learning points

Although the underlying statutory changes are not yet in force, these Codes provide a clearer indication of how the Government expects the new industrial relations framework to operate in practice.

Employers should begin considering how they would respond to statutory recognition requests, particularly the practical arrangements for workplace and digital access, and review existing arrangements for supporting recognised trade union representatives ahead of the October implementation date.

The Codes also reinforce the importance of adopting a measured and consistent approach during recognition campaigns. Employers remain entitled to communicate with their workforce, but should ensure any communications or management decisions are clearly based on legitimate business reasons and cannot be interpreted as improperly influencing the recognition process.

For more information or advice, please get in touch with Alice Mennell in our Employment team.