Changes to trade union rights

From 30 October, subject to parliamentary approval, independent trade unions will be able to access workplaces. This access will take place under a statutory access agreement, either agreed between the union and your employer or, where agreement cannot be reached, determined by the Central Arbitration Committee (CAC).

From 30 October, employees who are trade union representatives will have stronger rights to paid time off. Trade union equality representatives will be entitled to reasonable paid time off to carry out their duties. Trade union representatives, including union equality representatives and learning representatives, will be entitled to reasonable access to accommodation and other facilities to enable them to carry out their duties for certain specified purposes.

From 30 October 2026, subject to parliamentary approval, workers will be protected from any detriment that an employer can subject them to for the sole or main purpose of penalising, preventing or deterring them from taking industrial action.

The government has published these changes on business.gov.uk. Some of them are subject to parliamentary approval.

Union access to workplaces

Digital access is access that takes place through electronic means. Digital access does not mean a trade union directly accessing an employer's IT systems. Worker engagement with a trade union is voluntary.

Time off and facilities for representatives

Where your employer recognises a union, union officials are entitled to reasonable paid time off for their duties under section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992, and union learning representatives have similar rights under section 168A. Members of a recognised union are entitled to reasonable unpaid time off for union activities under section 170. The Acas Code of Practice on time off for trade union duties and activities explains what is reasonable.

Subject to parliamentary approval, an updated Code of Practice on time off for trade union duties and activities is expected to be published and come into effect from 30 October 2026.

Protection for taking industrial action

Your employer can still proportionately withhold pay for time spent taking industrial action. This protection only applies to protected, lawful industrial action. Read our guide to industrial action rights in 2026 for more detail.

Your rights as a union member

You have the right to join a trade union, take part in its activities and use its services without being penalised by your employer. You also have the right not to join one. These rights are in the Trade Union and Labour Relations (Consolidation) Act 1992. They apply from your first day at work, and you do not need any qualifying service to bring a claim.

Refused a job because of union membership

Under section 137 of the Trade Union and Labour Relations (Consolidation) Act 1992, it is unlawful to refuse you employment because you are, or are not, a member of a trade union. This covers an employer that refuses to consider your application, withdraws an offer, or makes an offer on terms no reasonable employer wishing to fill the job would offer.

The Employment Relations Act 1999 (Blacklists) Regulations 2010 also make it unlawful to compile or use lists of trade union members or activists to refuse people work.

Detriment because of union membership

Under section 146 of the Act, a worker has the right not to suffer a detriment where the sole or main purpose of the employer is to:

• prevent, deter or penalise you for joining an independent trade union
• prevent, deter or penalise you for taking part in union activities at an appropriate time
• prevent, deter or penalise you for using union services at an appropriate time
• force you to join a union

An appropriate time means outside your working hours, or during working hours at a time your employer has agreed to.

A detriment is any disadvantage. Examples include losing overtime, being left out of training, being moved to worse shifts, being refused promotion or being placed under closer monitoring than colleagues.

Sections 145A and 145B of the Act also make it unlawful for your employer to offer you something, such as a pay rise, to give up union membership or activities, or to stop your terms being set by collective bargaining.

Dismissal because of union membership

Under section 152 of the Act, the dismissal of an employee is automatically unfair if the main reason is that the employee was, or proposed to become, a union member, took part in union activities at an appropriate time, used union services, or refused to join a union. Section 154 removes the usual qualifying period, so you can claim from your first day. Under section 153, selection for redundancy for any of these reasons is also automatically unfair.

If you are dismissed for a union reason, you can ask the tribunal for interim relief under section 161. If the tribunal grants it, it can order that your contract continues so you are paid until the full hearing. Your application must reach the tribunal within seven days of your effective date of termination, and ACAS Early Conciliation does not pause this deadline.

Being accompanied at a hearing

Under section 10 of the Employment Relations Act 1999, you can bring a companion to a disciplinary or grievance hearing. The companion can be a colleague or a trade union official. An official employed by a union, or a workplace representative certified by the union, can accompany you even if your employer does not recognise that union.

An example

A delivery driver with four months' service joins a union and goes to a lunchtime union meeting. The following week, the manager removes the driver from the weekend rota, which pays a premium, and gives those shifts to colleagues who did not attend. If the main purpose of the change was to penalise the driver for union activity, this is an unlawful detriment under section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992. The driver does not need two years' service to bring a claim.

What to do if you are treated badly

1. Write down the date you joined the union and the date your employer learned of it.
2. Record each change in your treatment, with dates, who made the decision and how colleagues were treated.
3. Keep rotas, payslips, emails and messages that show the change.
4. Tell your union representative straight away and ask for support.
5. Raise a grievance in writing if the treatment continues.
6. If you are dismissed, count seven days from your effective date of termination for interim relief.
7. Contact ACAS to start ACAS Early Conciliation before your time limit ends.

Since 1 October 2026, the time limit for most tribunal claims is 6 months. If the problem started before 1 October 2026, the 3 month limit may still apply. Read how long you have to make a claim for more detail.

Treatment that changes soon after you join a union is evidence. Record it the day it happens.

Belonge