The changes are the latest in a series of measures introduced under the Employment Rights Act 2025, which is the biggest overhaul of employment law in a generation.

Thompsons Solicitors has welcomed the changes but cautioned that their success will depend on whether the bodies responsible for enforcing them are properly funded and resourced.

So, what will change?

  • Trade Union access. Trade unions will be afforded a new right to access workplaces that employ 21 or more workers for purposes that include meeting, supporting, representing, recruiting or organising workers.
  • Better protection against harassment. Employers will need to be more rigorous in order to meet the duty to take all reasonable steps to prevent sexual harassment in the workplace. This includes those subject to sexual harassment by third parties such as clients, customers service users, patients and members of the public. Employers will also be liable for third party harassment which takes place during the course of employment, and which is related to any  protected characteristics not just sexual harassment, unless they have taken all reasonable steps to prevent it.

Other changes being introduced include improved rights for existing trade union representatives, the creation of a new right to reasonable paid time off for equality representatives, and the introduction of a statutory protection for workers who are subjected to a detriment for taking industrial action.

This will mean it is no longer lawful to impose detriments to penalise workers who go on strike.  

Neil Todd, Partner and Head of Trade Union Law at Thompsons Solicitors, said: "These are welcome changes that can make a real difference. For someone in a workplace where there's no recognised union, having an opportunity to speak to a union representative, understand what rights they may have and get support could be hugely important.

“We are aware there has been criticism of introducing these reforms from some voices in the business lobby who say employers are not yet ready. However, in our view the changes represent a real opportunity for employers to build relationships with trade unions and see their own workforce flourish as a result.

“Employers who have recognised trade unions in their workplaces are more likely to have workers who feel respected and valued. 

“Arrangements that facilitate trade union access into workplaces are a positive step for employers and workers alike. This is an opportunity for real transformative change in workplace culture across the country.

“There are of course concerns that some employers will do what they can to deny trade unions access.  It is therefore imperative the Central Arbitration Committee, that will determine whether access is granted if a dispute arises and the terms on which it is rganted is resourced properly to assist in driving through these changes."

Further changes are expected in 2027, including stronger unfair dismissal protections and new rules on fire and rehire.