Trade Union Reforms Under Employment Rights Act 2025 Set To Take Effect

Why It Matters

These changes reshape collective‑bargaining dynamics, reducing administrative burdens for employers and altering funding flows to union political activities, while raising compliance risk for firms that do not update policies before the deadline.

Key Takeaways

• Opt‑out model for union political fund contributions
• Public‑sector reporting duties on facility time eliminated
• Industrial‑action notice periods streamlined, picketing rules removed
• Employers must audit union policies before 18 Feb

Pulse Analysis

The Employment Rights Act 2025 marks the most comprehensive overhaul of UK trade‑union law in a decade, responding to calls for modernising collective‑bargaining frameworks and reducing regulatory friction. By introducing an opt‑out mechanism for political fund contributions, the legislation aligns union financing with broader trends toward member‑driven consent, while preserving the status quo for those who previously opted out. Simultaneously, the removal of outdated public‑sector reporting obligations reflects a shift toward streamlined governance, freeing resources for core service delivery.

For employers, the reforms carry immediate operational implications. Streamlined industrial‑action notice periods simplify the planning of strikes or work stoppages, and the elimination of statutory picketing rules reduces legal exposure for both management and employees. However, the opt‑out contribution model may affect union political influence, prompting HR leaders to reassess engagement strategies and budget allocations for union‑related activities. Companies with ongoing industrial‑relations cases must navigate transitional provisions carefully to avoid procedural missteps that could trigger litigation.

Practical readiness hinges on proactive policy audits and targeted training. HR departments should update collective‑bargaining protocols, revise employee handbooks, and ensure that opt‑out mechanisms are clearly communicated to staff before the 18 February deadline. Engaging external counsel or enrolling in CIPD’s virtual class can accelerate compliance, while monitoring subsequent phases of the Act—scheduled throughout 2026 and 2027—will be essential for long‑term strategic planning. Early adoption not only mitigates risk but also positions organisations as forward‑looking employers in a rapidly evolving labour market.

Trade Union Reforms Under Employment Rights Act 2025 Set To Take Effect

Feb 11 2026

New trade‑union reforms under the Employment Rights Act 2025 are scheduled to take effect from 18 February 2026, marking the first phase of implementation under the new legislation.

The Act, which received Royal Assent in December 2025, introduces wide‑ranging employment‑law changes. Among the earliest provisions to be implemented are amendments affecting trade‑union political funds, industrial‑action procedures and public‑sector reporting requirements.

What Is Changing?

Key measures due to come into force include:

• Revised arrangements for trade‑union political fund contributions. Under the new framework, members will contribute unless they actively opt out. Transitional provisions preserve the status of existing members who have already opted out prior to the commencement date.

• Removal of certain statutory reporting requirements relating to facility time in parts of the public sector.

• Amendments to industrial‑action rules, including streamlined notice requirements and the removal of statutory obligations relating to picketing supervisors.

What Employers Should Do Now

Employers are advised to review policies relating to union engagement, collective bargaining and industrial‑action procedures to ensure they align with the updated framework.

Transitional and saving provisions accompany the reforms to clarify how ongoing matters will be handled where they span the previous and new legal regimes. HR leaders may wish to seek legal guidance where industrial‑relations matters are already underway.

Further phases of the Employment Rights Act 2025 are expected to be introduced throughout 2026 and 2027.

The CIPD are offering a virtual class on the new restrictions to ensure that employers are ready. To learn more, visit:

https://shop.cipd.org/product?catalog=Employment-Law-Update-Spring

Sources

• CIPD: Employment Rights Act 2025 – Trade Unions Update

• UK Government: Trade Union Law Transition Guidance

• Employment Rights Act 2025 (Royal Assent December 2025)