Trade Union & Industrial Relations

The Employment Rights Act 2025 is reshaping the relationship between employers, employees and trade unions.

For many organisations, the reforms represent the most significant shift in workplace rights and industrial relations in a generation.

As trade unions gain enhanced rights and access to workplaces, employers face increased legal, operational and reputational challenges. Whether you are managing an established unionised workforce or preparing for union activity for the first time, early planning and legal advice have never been more important. 

Preparing for the Employment Rights Act 2025

The Act's reforms are taking effect over a phased implementation period. Employers should be reviewing policies, procedures and management practices now to ensure they remain fit for purpose as the new legal and industrial relations framework develops. Changes include: 

• Greater access rights for trade unions, enabling them to enter workplaces (physically and digitally) for recruitment, organising and representation purposes
• A requirement for employers to inform workers of their right to join a trade union
• Measures intended to make it easier for unions to achieve recognition for collective bargaining and increase their influence in workplace relations
• Enhanced rights and protections for trade union representatives and members
• Significant relaxation of the rules to mobilise industrial action and the introduction of electronic balloting 

How we can help

Our market-leading employment law team advises employers across all sectors in the UK on the full spectrum of trade union and industrial relations matters, including: 

• Trade union recognition and collective bargaining - Supporting employers with trade union recognition, collective bargaining, negotiation requirements, pay disputes and industrial relations strategy
• Industrial action and business continuity - Practical advice on strike action, action short-of-strike, workplace disruption, contingency planning and business continuity
• Employee relations strategy - Helping employers strengthen workforce engagement, communications, consultation processes and management capability
• Inducement claims - Defending class-action multiple claims before the Employment Tribunal for alleged breach of section 145, TULRCA 1992
• Workforce change and restructuring - Guiding employers through the trade union interface with redundancies, restructures, changes to terms and conditions, TUPE transfers and collective consultation
  
  

Our specialist team

Our employment law team has two of the most experienced trade union specialists in Scotland with extensive experience in all aspects of industrial relations and change management projects. David Morgan has conducted the advocacy before the Central Arbitration Committee (CAC) sitting at locations throughout the UK, on numerous occasions since the inception of the legalisation in 2000, for employers faced with applications for trade union recognition. Claire Scott has enviable experience acting for clients in the energy, oil & gas, and marine sectors, include averting industrial action and support with major change projects.

Helping businesses navigate trade union recognition, collective bargaining, industrial action, workforce change programmes and employee relations disputes, we provide commercially focused advice that protects your organisation while supporting constructive direct engagement with employees and their representatives.

To discuss how the Employment Rights Act 2025 could affect your organisation and the steps you can take to prepare, please get in touch.

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