Trade union reforms: are employers prepared for the new rules?

Major changes to UK trade union law are approaching, but a significant proportion of employers may still have work to do before the new requirements take effect. Research involving 1,050 senior workplace decision makers, commissioned by Acas, found that around one in five organisations lacked confidence in their ability to implement the forthcoming reforms. While most respondents indicated that they felt prepared, the findings suggest that some employers remain uncertain about how the changes will operate in practice.

The reforms, introduced through the Employment Rights Act, cover several aspects of the relationship between employers, workers and trade unions. Employers will be required to make workers aware of their right to join a trade union and will need to ensure that eligible union representatives have appropriate facilities to perform their duties, which could include access to workplace technology and suitable private spaces for discussions.

Rights relating to time away from normal duties are also being expanded. Trade union representatives are expected to receive rights to take time off to perform relevant union functions. Alongside this, the process through which unions can secure formal recognition for collective bargaining is being changed, potentially making it easier for unions to negotiate with employers over matters such as pay and working conditions.

Acas is also revising its code of practice covering time off for trade union duties and activities, providing employers and union representatives with updated guidance on managing these arrangements. This is not yet released which is creating additional concern for employers.

One of the most important developments for employers is the expansion of trade union access to workplaces. Under the new framework, unions will have greater opportunities to communicate with workers, including within organisations where there is currently no recognised trade union.

The provisions are expected to apply to employers with at least 21 workers and could cover both physical access to premises and communication through workplace digital systems.

That means employers may need to consider how union representatives could communicate with employees through channels such as internal messaging platforms, email systems or other workplace technology, as well as how physical visits would be managed.

Historically, organisations without established relationships with trade unions may have had relatively little direct interaction with union representatives. Expanded access rights could change that position. Greater access to employees may make it easier for unions to communicate with workers, explain the benefits of membership and organise within workplaces where union representation has traditionally been limited. Private-sector employers with low levels of union membership may therefore experience some of the most noticeable changes.

This does not necessarily mean that workplace relations will become more confrontational. However, employers should be prepared for greater union engagement and ensure that managers understand the organisation’s legal responsibilities. Onboarding documents and employee notice boards may also need updating to reflect new requirements concerning workers’ rights to join a union.

Should you have any questions regarding this subject, contact 121 HR Solutions on 0800 9995 121.

Trade union reforms: are employers prepared for the new rules?

121 HR Solutions Ltd