Please note that this article was last updated on Thursday 27 October 2026.
The Employment Rights Act 2025 constitutes a landmark change in employment rights not seen in a generation. Significant changes concerning trade union rights form part of the reforms it will implement, introducing new rights and enhancing others.
The changes range from bolstering protections for individuals who are members or representatives of trade unions, to making it easier for trade unions to access new workforces and become recognised by them, as well as requiring employers to inform workers of their right to join them. Some reforms affect employees only, whilst others will apply to both employees and workers. This article will explore and summarise what these changes will look like in practice for those affected.
For the creative industries, like film, TV and theatre, these reforms are particularly noteworthy. Trade unions like BECTU and Equity play a pivotal role in negotiating working conditions, pay and safety standards for productions, making these updates extremely relevant to both employers and workers alike.
Please be aware that not all trade union related changes introduced by the Employment Rights Act 2025 are covered in this article. If you would like more information on such other changes, for example changes to information requirements on industrial action ballots, then please reach out to one of our employment lawyers directly.
THE NEED TO KNOWS
THE RIGHT TO JOIN A TRADE UNION
Employers will soon need to inform workers of their right to join a trade union. They must receive a written statement at the same time they’re provided with a written statement of particulars (i.e. an employment contract), or at other “prescribed times”.
This change could have significant implications for production companies and studios in the creative industries. Many workers in this sector including lighting technicians, camera operators, and post-production staff, are freelancers or on short-term contracts. Employers need to ensure that all qualifying workers, regardless of their employment status, are informed of their right to join unions like BECTU and Equity. Practically, this could look like updating onboarding processes for freelancers and ensuring compliance across large-scale productions with multiple contractors.
The government will provide a standard form of statement that employers must issue. This must be delivered directly to new workers with their written statement of employment particulars. For existing workers, delivery may be direct or indirect, provided that in the case of indirect delivery, workers are told where to find the statement and it is reasonably accessible.
The statement must provide clear, neutral information for workers to understand their right to join a trade union. It will cover union functions, recognised unions and in respect of those with statutory access agreements, the Certification Officer’s list, and statutory rights relating to union membership.
Failure to provide workers with a compliant statement will be enforced in the same way as failure to provide workers with a legally compliant written statement of particulars of employment or engagement. Compensation equal to two to four weeks’ pay (currently capped at £751 per week) will be payable to workers who are able to bring this claim in addition to another substantive claim.
Employers will be required to provide such a statement from 1 January 2027 to all new workers. For existing workers, the requirement will take effect from 5 April 2027, with annual reminders to be provided on 5 April each year.
Where the identity of unions holding recognition or statutory access agreements changes, the statement must be reissued within one month.
RIGHT OF ACCESS
A new right will be introduced for trade unions to access, physically and digitally, workplaces of employers with 21 or more workers for various purposes (e.g. to meet, support and organise with workers, but not to organise industrial action).
This could result in unions requesting access to film sets, studios or post-production facilities to engage with workers. Production companies and broadcasters hiring large teams for TV shows or feature films will need to factor in union access when planning schedules and operations to avoid disruptions.
The Code of Practice: Right of Trade Unions to Access Workplaces has been published to provide employers with practical guidance on how this right to access will operate in practice.
A new statutory framework through which trade unions can negotiate physical and digital access to an employer’s workplace will be implemented. Through this framework:
- A union submits a request for access to an employer. If the employer agrees to the access terms, then the Central Arbitration Committee (CAC) should be notified, and they will record the agreement.
- If the employer rejects the request, then negotiations between the employer and union begin.
- If those negotiations fail, a party can apply for the CAC to determine whether the union should be granted access. If it rules that it should, then it can impose access terms themselves. The CAC will not approve requests for access for employers with fewer than 21 workers, nor in circumstances in which existing Trade Union recognition arrangements are in place.
If an access agreement has been breached, a party can complain to the CAC. The CAC can vary the agreement, declare the complaint well-founded (or not), and issue orders for certain steps to be taken to ensure compliance. For subsequent, upheld complaints for repeated breaches of the agreement or breaches of a CAC order, the CAC can issue a penalty. Legislation governing how much of a penalty can be imposed will be introduced; it is intended that a fine up to £75,000 can be imposed at first, increasing to a maximum of £150,000 for a second and £500,000 for a third or subsequent penalty.
The Code of Practice includes standardised templates for making an access request, providing a response to such a request, notifying the CAC that access has been agreed, and notifying the CAC of a variation or revocation of an access agreement.
These reforms will be implemented on 30 October 2026.
EXTENSION OF PROTECTION FROM BLACKLISTING
Currently, employers are banned from ‘blacklisting’ trade union members for employment purposes, namely to deny employment, to dismiss them, or to subject them to detriment because of their trade union membership or activities.
The government plans to extend the prohibition on blacklisting. It will introduce regulations to protect a wider range of people from blacklisting due to trade union membership or activity.
Blacklisting has been a historical concern in the creative industries, especially for freelancers who often rely on positive reputations to secure future work. Crew members or performers involved in union activities may fear being excluded from projects, but these new protections, including against AI-generated or digital blacklists aim to prevent such practices in an industry that is becoming increasingly reliant on automated hiring platforms.
These reforms are intended to strengthen prohibitions against third parties who are not employers or employment agencies from compiling and selling or supplying blacklists, as well as to prohibit such lists being used for discrimination in recruitment or treatment of workers even where the lists have not been compiled for those purposes (for example if AI has created a list of workers which is subsequently sold or supplied or used for the purpose of discriminating against those workers based on their trade union membership or activity).
A consultation on these reforms will take place this year and the reforms are anticipated to take effect in 2027.
TIME OFF AND FACILITIES FOR TRADE UNION OFFICIALS, LEARNING REPRESENTATIVES AND EQUALITY REPRESENTATIVES
Trade union officials are entitled to paid time off during working hours in connection with certain duties and activities or to undergo training in respect of those activities. Recognised learning representatives of trade unions who undertake certain activities are similarly entitled to paid time off to carry out those activities under certain circumstances.
Employers are currently obliged to provide such time off only if it is reasonable in all the circumstances. This will change so that:
- the amount of paid time off employees want to take to carry out such duties will be automatically presumed to be reasonable; and
- employers will be required to show that the time off requested is not reasonable.
If an employee is an equality representative of a trade union recognised by the employer, employers will also now be required to allow them to reasonable time off to conduct certain activities, for example arranging learning or training on matters concerning equality in the workplace. This right will only apply where:
- equality representatives have undergone sufficient training to carry out these activities (and their trade union has given the employer written notice of this fact); or
- the trade union has, within the last six months, given the employer written notice that the equality representatives will be undergoing such training. Only one such notice can be given to any one employee, and the relevant training will need to be completed within six months, and the trade union will need to notify the employer that they have completed this training within six months of that notice being provided to them.
Employers will also now have to provide trade union officials, learning representatives and equality representatives with access to facilities that enable them to carry out their duties or training, if reasonable in all circumstances, and if they request them. This may, for example, include providing an office or meeting space.
These changes will come into effect on 30 October 2026, and a Code of Practice offering practical guidance on how to abide by these new measures will be provided by ACAS.
DISMISSAL FOR PROTECTED INDUSTRIAL ACTION
This protection only applies to employees who take part in “protected industrial action”. This means industrial action, such as strikes or restrictions on work performed which have been lawfully authorised and endorsed by a trade union which complies with complex statutory requirements, such that it provides the union with certain legal protections.
Previously, employers could not dismiss employees if the main or sole reason for dismissal is that they took part in protected, official industrial action for a period of 12 weeks or less, or during a longer period where employers have not taken reasonable steps to resolve the dispute subject to the protected industrial action. Any such dismissal is automatically unfair.
For any protected industrial action taking place on or after 18 February 2026, employers cannot dismiss any employees by reason of their participation in such action irrespective of how long the action takes place.
This could become a key consideration for film and TV productions during union-led strikes or industrial action. Prolonged disputes could lead to significant delays in filming schedules and employers will no longer be able to dismiss employees participating in protected action, even after 12 weeks.
DETRIMENT FOR TAKING PART IN TRADE UNION ACTIVTIES
Currently, workers have no protection against detriment (i.e. any action short of dismissal) for taking part in protected industrial action.
The Employment Rights Act addresses this by giving workers the right not to be subjected to detriments “of a prescribed description” for taking part in protected industrial action or to deter them from taking such action. Any workers subjected to such a detriment may be awarded compensation and that compensation may be increased if relevant ACAS Codes of practice are not followed by an employer.
From 30 October 2026, all types of detriment will be prohibited. However, workers participating in protected industrial action can still lose their pay during periods when they are not working.
REFORMS TO STATUTORY UNION RECOGNITION PROCEDURE
If employers do not voluntarily agree to recognise a union, a union has the option to apply to the CAC to impose recognition on an employer’s workforce. Since 6 April 2026, that application process has become much easier.
Under the old process:
- The applying union had to demonstrate that at least 10% of the group of workers that the union proposes to negotiate and collectively bargain on behalf of (known as the “Bargaining Unit”) were members of that union.
- Prior to ordering a ballot for recognising a union, a union had to show it was likely to secure majority support for recognition amongst workers in the Bargaining Unit and demonstrate detailed evidence for this support.
- If the CAC ordered a recognition ballot for a union to be recognised, in order to succeed, the ballot outcome would require:
- a majority in favour amongst those voting in the ballot; and
- the proportion of those voting in favour in the ballot to constitute at least 40% of workers within the Bargaining Unit as a whole.
A number of changes have simplified this process, including:
- changing the test for demonstrating minimum union representation of the proposed Bargaining Unit, which could mean anywhere between 2% to 10% union membership of the Bargaining Unit will suffice;
- removing the requirement for unions to show they have majority support for recognition; and
- requiring only a simple majority of those actually voting in a ballot for a union to be recognised, removing the requirement for at least 40% of the Bargaining Unit to vote in favour.
In addition to simplifying the process, additional regulations relating to the process will be introduced on 30 October 2026 including:
- requiring employers to provide the CAC with certain information about workers in a Bargaining Unit within five working days of being notified of receipt of the trade union’s application for recognition;
- allowing trade unions to access workers in a bargaining unit, subject to agreement or CAC approval. Access can be requested within five working days of the recognition application being accepted by CAC;
- 20-working day negotiation period (unless extended) for unions accessing workers in a proposed Bargaining Unit. If no agreement is reached, CAC decides in 10 working days (unless extended) to either:
- state no access should be granted.
- strengthening protection against unfair practices during recognition and derecognition ballots. This will include prohibiting employers from increasing the number of workers in a proposed Bargaining Unit provided to the CAC for recognition purposes, and extending such protection throughout the statutory recognition process, starting from the point where the CAC accepts the union’s application for statutory recognition. It will also include freezing the bargaining unit when an application is received;
- CAC will handle complaints. They can make orders, or find that a union is/isn’t recognised in certain circumstances; and
- there will be an updated Code of Practice.
WHAT NEXT?
The landscape of trade union reform will continue to shift over the next year, with most changes still to be introduced and many still subject to consultation and further decisions from the Government.
For employers in the creative industries, these changes represent an opportunity to strengthen relationships with unions whilst ensuring compliance. Production companies, studios and broadcasters should review their current policies and prepare for the reforms to avoid potential risks during negotiations with unions.
Further practical steps for employers include:
- updating onboarding documentation as a priority;
- reviewing HR and disciplinary policies in light of detriment and dismissal changes;
- understanding your obligations if a union requests workplace access;
- assessing your exposure to recognition applications given the lowered thresholds;
- training your HR and production management teams; and
- taking legal advice where needed.
For further information on these changes and for advice on how to prepare and comply with the new rules, please reach out to a partner in the employment team.
Please note that this guidance note summarises the changes outlined above and does not serve as formal legal advice.