By Kathryn Rogers, face2face HR
Preparing for change: The new landscape of union engagement.
When discussing upcoming employment law changes, much of the focus has been on unfair dismissal rights and flexible working. However, one of the most significant – and often overlooked – developments is the shift in how trade unions can engage with businesses.
While it may not grab immediate headlines, these changes could have a meaningful impact on how organisations manage employee relations in the years ahead.
What’s changing?
From October 2026, trade unions will be able to request an “access agreement”, giving union representatives both physical and digital access to an employer’s workforce. This is expected to apply to organisations with 21 or more employees.
If an agreement cannot be reached, unions can escalate the matter to the Central Arbitration Committee (CAC), which will have the authority to determine and enforce access arrangements.
Alongside this, the threshold for union recognition is expected to reduce. Currently, unions must demonstrate at least 10% membership to apply for recognition, but this could drop to between 2% and 10%, making it easier for unions to gain a formal role in collective bargaining.
What does this mean for employers?
These changes do not mean that businesses must automatically recognise a union. However, they do increase the likelihood of union approaches and recognition campaigns.
For many organisations – particularly SMEs with limited experience of union engagement – this introduces a more structured environment where responses need to be timely, consistent and legally sound. Having a clear approach in place will be essential.
A balanced perspective
It’s easy to view increased union access as a challenge, but it isn’t necessarily negative.
Well-trained union representatives can support more effective consultation and dispute resolution processes. They are often knowledgeable in employment law and procedures, which can lead to more structured and informed discussions.
However, a stronger union presence also means employers and managers need to be equally confident in their understanding of processes – or have access to the right support when needed.
Why preparation matters
The biggest risk for employers is not union involvement itself, but being unprepared.
The new framework is expected to bring:
Shorter timelines for responding to recognition processes
Greater procedural requirements
Increased scrutiny on employer decision-making
Without clear processes and well-trained managers, businesses could face unnecessary employee relations challenges or legal risk.
How should businesses prepare?
There are several practical steps employers can take now:
Establish a clear response plan for handling union contact, access requests and recognition applications
Train managers and HR teams, ensuring they understand how to respond, when to escalate, and how to manage situations appropriately
Review policies and procedures to ensure they are robust, fair and consistently applied
Strengthen employee communication, as organisations where employees feel heard are less likely to see issues escalate
Looking ahead
These changes represent a shift towards more structured workplace dialogue. While this may feel unfamiliar for some employers, it also presents an opportunity to strengthen relationships and improve communication.
At face2faceHR, we are already developing training and support to help businesses prepare, ensuring confidence at every level of the organisation.
Final thoughts
Union engagement is set to become a more prominent feature of the employment landscape.
For employers, the message is clear: prepare early, understand your responsibilities, and ensure your managers are equipped to respond.
For more information or to register your interest contact Kathryn Rodgers – 07946 330025 | face2facehr.com