TRW & Co · Employment, Pensions & Immigration
Trade Union and Industrial Relations Lawyers for Employers
Trade union lawyers for employers advise on recognition requests, workplace access, industrial action and collective consultation. The Employment Rights Act 2025 has shortened strike notice, extended ballot mandates, simplified recognition and created a statutory right of access from 30 October 2026. Employers who plan on the old rules risk costly mistakes in disputes and restructurings.
Key pointThe reforms shift the balance from procedural challenge to relationship management. With simpler ballot rules and a lower bar to recognition, an employer's conduct and preparation now matter more than technical defects in a union's paperwork.
At a glance
Ten days' strike notice
Since 18 February 2026, unions must give 10 days' notice of industrial action instead of 14, and a successful ballot mandate lasts 12 months.
Right of access
From 30 October 2026, unions can seek access agreements to meet, recruit and organise workers, with the Central Arbitration Committee deciding disputes.
Recognition made easier
The 2025 Act removes several recognition hurdles, extends unfair practice rules and lets ministers lower the initial membership threshold.
Protective award doubled
Since 6 April 2026, the maximum protective award for failing to consult on collective redundancies has been 180 days' pay per employee.
Agency cover prohibited
Employment businesses cannot supply temporary workers to cover striking workers' duties; the 2022 relaxation was quashed by the High Court in 2023.
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What trade union lawyers for employers advise on
Trade union lawyers for employers advise organisations on their legal relationship with trade unions and with workers acting collectively. That covers requests for recognition, collective bargaining, union access to the workplace, industrial action ballots and strikes, picketing, collective consultation on redundancies and transfers, and the rights of union members and representatives. For an employer, these become legal questions the moment a union letter arrives, a ballot is announced or a restructuring affects a unionised workforce.
The area is changing faster than at any point in a generation. The Employment Rights Act 2025 has rewritten large parts of the rules on industrial action, recognition and access, and further changes are being phased in. Employers who relied on the framework of the last decade now face shorter notice periods, longer strike mandates, a statutory right of access and a lower bar to recognition.
TRW & Co advises employers in the private sector and in public services, including international groups with UK operations. Our industrial relations work sits within our wider employment law practice.
The legal framework and the bodies involved
The core statute is the Trade Union and Labour Relations (Consolidation) Act 1992, often called TULRCA. It governs the status of trade unions, protection for union members, collective bargaining, statutory recognition, industrial action and picketing. The Employment Rights Act 2025 amends it extensively, and much of the detail sits in commencement regulations, other secondary legislation and codes of practice.
Several bodies are involved. The Central Arbitration Committee (CAC) decides statutory recognition applications and, under the new regime, disputes about workplace access. The Certification Officer regulates trade unions' internal affairs. Acas provides conciliation and codes of practice. Individual claims, such as detriment or dismissal for union membership or activities, go to the Employment Tribunal, and injunctions to restrain unlawful industrial action are sought in the High Court.
Most of this law applies in Great Britain only. Northern Ireland has its own trade union and employment legislation, and the 2025 reforms largely do not apply there. Employers with sites across the UK need separate analysis for Northern Ireland operations.
The Employment Rights Act 2025 reforms: what has changed
The reforms are arriving in phases. The table below sets out the main collective changes and their status as of October 2026. Trade union lawyers for employers check the commencement regulations, not press releases, before advising on a live ballot or recognition claim.
| Change | Previous position | New position | Status |
|---|---|---|---|
| Minimum service levels | Strikes (Minimum Service Levels) Act 2023 allowed regulations requiring minimum service in some sectors | Act repealed | In force from Royal Assent in December 2025 |
| Notice of industrial action | 14 days | 10 days | In force from 18 February 2026 |
| Length of ballot mandate | 6 months, extendable to 9 by agreement | 12 months | In force from 18 February 2026 |
| 40% support threshold in important public services | Applied in addition to the turnout threshold | Removed | In force for ballots opening from 18 February 2026 |
| Protection from dismissal for industrial action | Automatic unfair dismissal protection limited to a protected period | Protection without the fixed time limit | In force from 18 February 2026 |
| Electronic and workplace balloting | Postal ballots only for industrial action | Electronic, workplace and hybrid voting permitted, subject to a code of practice | In force from late August 2026 |
| Right of access to workplaces | No statutory right | Unions can seek access agreements, with the CAC deciding disputes | In force from 30 October 2026 |
| Statutory recognition procedure | Higher thresholds and tests at application and ballot stage | Simplified tests, unfair practice rules and powers to lower the membership threshold | Phased; remaining provisions in force from 30 October 2026 |
The Commencement No. 6 Regulations bring the access and remaining recognition provisions, and new facilities for union officials and equality representatives, into force on 30 October 2026, with transitional provisions for applications already in progress. Other measures, including a duty to tell workers of their right to join a union, depend on further regulations. Our guide to the Employment Rights Act 2025 tracks the full timetable.
The 50% turnout requirement for industrial action ballots remains in TULRCA at the time of writing. The government has signalled its intention to remove it, so employers facing a ballot should check the current position before relying on it.
Recognition and access: the key decisions
Voluntary or statutory recognition
A union can seek recognition by agreement or through the statutory procedure in Schedule A1 to TULRCA, which applies to employers with at least 21 workers. Under the statutory route, the CAC decides whether the application is admissible, determines the appropriate bargaining unit and may order a ballot or, in some cases, award recognition without one. Statutory recognition results in a method of bargaining over pay, hours and holidays that is legally enforceable.
Voluntary recognition gives the employer more control over scope, the bargaining unit and the procedure agreement. It can also be terminated more easily than statutory recognition. Trade union lawyers for employers will usually advise testing the union's actual support, the likely bargaining unit and the strength of any statutory claim before deciding whether to negotiate.
What the reforms change
The 2025 Act removes some of the hurdles a union previously had to clear, including tests of likely majority support at application stage and the requirement for support from a set proportion of the bargaining unit in a recognition ballot. It gives ministers power to lower the initial membership threshold. It also extends rules on unfair practices so they apply from earlier in the process, and restricts employers from inflating the bargaining unit with new hires once an application is made.
These changes make the outcome of a recognition contest depend more heavily on turnout and on the conduct of both sides. Employers should assume that a well-organised union with genuine support at a site can achieve recognition, and plan their response on that basis.
The right of access
From 30 October 2026, unions can request access to a workplace, physically or digitally, to meet, represent, recruit or organise workers, or to facilitate collective bargaining. Access cannot be used to organise industrial action. The employer and union negotiate an access agreement, and if they cannot agree, the CAC decides the terms. Detailed rules on timescales, exemptions for small employers and penalties for breach are set by secondary legislation, so employers should read the current regulations and CAC guidance before responding to a first request.
Industrial action: when it is lawful and how employers respond
Organising industrial action would otherwise expose a union to tort claims, such as inducing breach of contract. Section 219 of TULRCA gives immunity only where the action is "in contemplation or furtherance of a trade dispute" and the union has complied with the statutory ballot and notice requirements. A valid ballot needs accurate notices to the employer, an independent scrutineer, a properly framed question and the required turnout and majority. The union must then give notice of the action before it starts.
Defects in those steps are the basis for most employer challenges. Courts have become more reluctant to grant injunctions for minor or technical errors, and the 2025 reforms simplify the information unions must give. When considering an interim injunction, the court must also have regard to the likelihood of the union establishing a statutory defence at trial. Challenges should therefore be targeted at genuine non-compliance rather than used as a tactic.
Practical responses
Employers can lawfully deduct pay for days of strike action and, in many cases, for partial performance such as action short of a strike. Employment businesses are prohibited from supplying agency workers to cover the duties of striking workers; regulations that relaxed that ban were quashed by the High Court in 2023. Employers may use their own staff, subject to their contracts, and may engage independent contractors directly, but should take advice before doing so.
Picketing is lawful only at or near the picket's own place of work and for peaceful communication or persuasion. The Code of Practice on Picketing sets out good practice. Where picketing involves obstruction, intimidation or trespass, employers can seek injunctive relief, and our injunctions team acts quickly in those situations.
Read the ballot notice the day it arrives. Check the categories, numbers and workplaces of employees balloted against your own records, and diarise the notice and mandate periods under the current rules. The window for an effective challenge is short, and errors in the employer's own data can undermine an injunction application.
Under the new rules, an employer's preparation and conduct will usually matter more than any technical defect in a union's paperwork.
Collective consultation: redundancies, transfers and contract changes
Recognised unions have statutory rights to be informed and consulted that employers sometimes underestimate, and it is an area where trade union lawyers for employers are most often asked to step in late. Under section 188 of TULRCA, an employer proposing to dismiss 20 or more employees as redundant at one establishment within 90 days must consult appropriate representatives, which means the recognised union where there is one. Consultation must begin at least 30 days before the first dismissal, or 45 days where 100 or more are proposed, and the employer must notify the government on form HR1.
Failure to consult can lead to a protective award for each affected employee. From 6 April 2026, the maximum protective award doubled from 90 to 180 days' pay, which makes non-compliance in a large restructuring very costly. Our TUPE and redundancy team runs collective processes end to end, and our guide to the redundancy process sets out each stage.
On a business transfer, the TUPE Regulations require information and consultation with recognised unions, and collective agreements and recognition can transfer to the new employer. Separately, the Information and Consultation of Employees Regulations 2004 allow employees in larger undertakings to trigger standing consultation arrangements. Proposals to change terms and conditions are increasingly sensitive: the 2025 Act will restrict dismissal and re-engagement to impose contract changes once the relevant provisions are in force, as our guide to fire and rehire explains.
Responding to a recognition request or ballot: step by step
- Acknowledge and assess. Respond to the union's letter within the time allowed, and assess whether it is a request for voluntary recognition, a statutory request or an access request.
- Map the workforce. Identify the proposed bargaining unit, headcount, sites and job roles, and check data accuracy. Avoid changes to the unit that could be treated as an unfair practice.
- Brief managers. Train line managers on what they can and cannot say or do. Threats, inducements and detriment for union membership create legal liability and can affect the CAC's decisions.
- Decide the strategy. Choose whether to negotiate a voluntary agreement, contest admissibility or the bargaining unit at the CAC, or prepare for a ballot.
- Communicate lawfully. Employers may communicate their views, but must follow the rules on fair campaigning and access during any recognition ballot.
- Negotiate terms. If recognition follows, agree a procedure agreement covering the bargaining unit, scope, meeting arrangements, facilities and dispute resolution.
- Prepare for action. Where a dispute escalates, plan business continuity, pay deductions and communications, and review ballot and notice compliance as soon as documents arrive.
Risks and common mistakes
Trade union lawyers for employers see the same mistakes repeatedly, often made by well-intentioned managers under time pressure.
Detriment or inducements linked to union membership
Workers have a right not to be subjected to detriment for union membership or activities, and employers must not offer inducements to give up membership or collective bargaining. Claims can arise from apparently minor actions, such as withdrawing overtime from union activists or offering a pay rise conditional on rejecting recognition. Awards can be significant and are made per worker. Every communication during a recognition campaign or dispute should be checked against these rules.
Treating the reforms as future events
Many of the changes are already in force. Employers that still plan on 14 days' notice of action or a 6-month mandate will misjudge timing. Equally, provisions that depend on further regulations are not yet law. Build a timeline based on commencement regulations, review it regularly, and update policies, manager guidance and contingency plans as each tranche takes effect.
Using agency workers to cover strikers
Employment businesses are prohibited from supplying temporary workers to perform the duties of workers taking official industrial action, or the duties of others reassigned to cover them. The 2022 attempt to remove this restriction was quashed by the High Court in 2023. Breaches expose the agency to criminal liability and the employer to reputational and relationship damage. Cover plans should use direct employees and contractors, checked against their contracts.
Failing to consult on collective redundancies
Starting consultation too late, consulting non-elected representatives where a union is recognised, or treating consultation as a formality are the usual failures. The doubled maximum protective award means the exposure for a large workforce can exceed the cost of the restructuring itself. Start consultation when proposals are formed, not when decisions are made, and keep a record of how union proposals were considered.
Mishandling access requests
The new right of access is enforceable through the CAC, and breaches of access agreements can attract penalties. Ignoring a request, delaying without reason or imposing unworkable conditions is risky. Equally, employers can legitimately raise operational, health and safety and data protection concerns. Respond within the prescribed time, propose terms that work, and record your reasons for any limits on access.
Blacklisting and data misuse
Compiling or using lists of trade union members or activists to discriminate in recruitment or treatment is unlawful under the blacklisting regulations. Data about union membership is also special category data under UK GDPR. Recruitment agencies, vetting providers and internal HR systems should be checked to ensure no such information is used in hiring or selection decisions.
Cross-border angle: international groups and Bangladesh
International employers often bring assumptions from their home jurisdiction into UK industrial relations. Some come from systems with works councils and sector-wide bargaining, others from systems where unions have a limited role. Neither model maps neatly onto Great Britain, where recognition is usually at company or site level and industrial action rules are highly procedural.
Groups headquartered in Bangladesh, the Gulf, Singapore or China should align their global labour relations policies with UK law, particularly on communications during recognition campaigns and on restructuring consultation. A decision taken at head office can trigger UK consultation obligations, and the duty to consult does not wait for the overseas parent to finalise its plans.
Freedom of association is also a supply chain issue. UK and EU buyers sourcing from Bangladesh face increasing scrutiny of labour rights in their supply chains, and trade preferences are linked to respect for core labour standards. Our Bangladesh supply chain and business and human rights teams advise on due diligence that covers freedom of association and collective bargaining, working with our Dhaka office on Bangladeshi labour law.
How TRW & Co helps
We act as trade union lawyers for employers who want practical advice that keeps operations running and relationships workable. Typical workstreams include:
Recognition and access
We advise on recognition requests, CAC applications, bargaining unit arguments and access agreements, and draft procedure and access agreements that work operationally.
Industrial action
We review ballot and notice compliance, advise on pay deductions and contingency planning, and seek injunctions where action or picketing is unlawful. Where advocacy in the higher courts is required, we instruct specialist counsel.
Collective consultation
We plan and run collective redundancy, TUPE and contract change consultations with recognised unions and elected representatives, managing protective award risk.
Reform readiness
We audit policies, manager guidance and collective agreements against the Employment Rights Act 2025 and its commencement timetable, and train managers on the new rules.
Collective bargaining support
We advise on negotiating pay and conditions, drafting collective agreements and handling disputes under procedure agreements.
Tribunal claims
We defend detriment, dismissal and inducement claims linked to union membership or industrial action, working with our employment tribunal team.
Explore our full range of services on our practices page, or contact our London office to discuss a union request or dispute.
Checklist for employers
Before responding to union activity, ask trade union lawyers for employers to help you confirm the following:
- Do you know which Employment Rights Act 2025 provisions are in force today, and which still depend on regulations?
- Have managers been briefed on lawful communications and on avoiding detriment and inducements?
- Is your workforce data accurate by site, role and category for ballot and bargaining unit purposes?
- Do you have a process for responding to access requests within the prescribed time?
- Are existing recognition and procedure agreements up to date and consistent with the new law?
- Is there a business continuity plan for industrial action that does not rely on agency workers?
- Will any planned restructuring trigger collective consultation, and has it started early enough?
- Are Northern Ireland operations treated separately where the law differs?
Frequently asked questions
01Do we have to recognise a trade union if it asks?
Not automatically. You can agree to recognise a union voluntarily, decline, or let the union apply to the Central Arbitration Committee under the statutory procedure, which applies to employers with at least 21 workers. The CAC will decide whether the application is admissible, the appropriate bargaining unit, and whether recognition should follow a ballot. The 2025 reforms make statutory recognition easier to obtain, so the decision whether to negotiate voluntarily deserves careful thought.
02What is the new trade union right of access?
From 30 October 2026, trade unions can request access to a workplace, in person or digitally, to meet, represent, recruit or organise workers, or to support collective bargaining. Access cannot be used to organise industrial action. The employer and union try to agree an access agreement; if they cannot, the CAC decides. The detailed timescales, exemptions and penalties are in secondary legislation, which employers should check before responding.
03How much notice must a union give before a strike?
Since 18 February 2026, a union must give the employer 10 days' notice of industrial action, reduced from 14 days. The action must also be supported by a valid ballot, and the mandate now lasts 12 months from the ballot rather than six. Notices must identify the categories of employees and workplaces affected and the total number involved, but the information requirements have been simplified compared with the previous rules.
04Can we get an injunction to stop a strike?
Possibly, if the union has not complied with the ballot or notice requirements, or the action is not in contemplation or furtherance of a trade dispute. The court considers the likelihood of the union establishing its statutory defence at trial, and courts have become less willing to restrain action for trivial errors. The simplified rules introduced in 2026 also reduce the scope for technical challenges. An injunction application should be based on a real defect and made quickly.
05Can we hire agency staff to cover a strike?
No. Employment businesses are prohibited from supplying temporary workers to perform the duties of workers taking official industrial action, or of other workers reassigned to cover them. Regulations that removed this restriction in 2022 were quashed by the High Court in 2023. Employers can redeploy their own staff where contracts allow and may engage contractors directly, but should take advice to avoid breaching other rules or worsening the dispute.
06When do we need to consult a union about redundancies?
Where you propose to dismiss 20 or more employees as redundant at one establishment within 90 days, you must consult appropriate representatives, which means the recognised union where there is one. Consultation must start at least 30 days before the first dismissal, or 45 days where 100 or more are proposed. Failure can lead to a protective award, the maximum of which doubled to 180 days' pay per employee from 6 April 2026.
07Do the 2025 reforms apply in Northern Ireland?
Largely not. Employment and trade union law is devolved in Northern Ireland, which has its own legislation and institutions. Most of the Employment Rights Act 2025 changes to industrial action, recognition and access apply in Great Britain only. Employers with operations in Northern Ireland should take separate advice on their obligations there, especially when planning UK-wide restructurings or responding to a dispute affecting several sites.
08How can TRW & Co help us prepare for union activity?
We act as trade union lawyers for employers, advising on recognition and access requests, collective agreements, industrial action and consultation. A typical first step is a short review of your workforce structure, existing agreements and manager guidance against the current commencement timetable, followed by training and a response plan. Where litigation is needed, we act in the Employment Tribunal and High Court and instruct specialist counsel for advocacy in the higher courts.
Sources and official materials
- Trade Union and Labour Relations (Consolidation) Act 1992 — Core statute on unions, recognition and industrial action
- Employment Rights Act 2025 — The 2025 reforms as enacted and amended
- Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026 — Access, recognition and facilities provisions from 30 October 2026
- Central Arbitration Committee — Statutory recognition and access disputes
- Certification Officer — Regulator of trade unions and employers' associations
- Acas: Employment Rights Act 2025 — Acas guidance on the reforms and timetable
- Industrial action and the law (GOV.UK) — Official overview of strike rules
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.