Employment Rights Act: What's changing from 30 October

The Employment Rights Act has already delivered significant change, including improving sick pay for millions of workers from 6 April. 

Changes coming into effect this month have the potential to grow the union movement and bring about transformative change.  

In the past, workers often learned about unions just from going to work. That’s still true in much of the public sector. But in the private sector, because of changes to the world of work and anti-union laws, unions have declined, and workers have been left in the dark about the role of trade unions.  

Trade unions have long campaigned for the right of access to workplaces to speak to workers and tell them about trade unions. Following years of union campaigning, today that right is coming into effect. Trade unions are determined to the new rights to extend the benefits of collective bargaining to more workers, especially in the private sector. 

What's changing from 30 October? 

New trade union right of access 

Independent trade unions now have the right to enter workplaces to speak to workers in person and/or communicate virtually with workers. They can use these rights to meet, support, represent, recruit and organise workers and facilitate collective bargaining. 

There is a process, overseen by the Central Arbitration Committee (CAC) for unions to negotiate access agreements with employers. If agreement is not reached, the CAC can determine the access terms. 

'Model terms' for access – which the CAC must regard as reasonable – include weekly access for unions. And employers must ensure as far as reasonably possible that access visits and communication are private. 

Access should take place near to the location of work and in normal working time. Access sessions can take place at different days and times to ensure that shift workers and those working variable hours can join.  

Digital access can take place through the channels used by the employer, eg email, slack, Teams, intranet etc. It can include on-line meetings, circulation of union information or leaflets and messages shared through any other platforms/messaging systems used by the employer. 

Employers with under 21 workers are excluded from access rights. From next year (date tbc) this exclusion will not apply to workers covered by the Adult Social Care Fair Pay Agreement and the School Support Staff Negotiating Body. 

Access agreements can be for up to two years. 

Enforcement is also through the CAC. If access is refused or delayed, the CAC can impose penalties ranging from £75,000 to £500,000. 

Access and Unfair Practices during the statutory recognition process 

Unions can now request access from the point at which a recognition request has been accepted by the CAC. And rules on unfair practices will apply from the point that the CAC accepts the recognition request. 

Once a union’s recognition application has been accepted by the CAC, the composition of the bargaining unit is frozen for the purposes of recognition. This will prevent employers from flooding a bargaining unit with new workers, as Amazon did. 

New and strengthened rights for trade union representatives   

When taking time off for trade union duties, a trade union official or learning  representative now has the right to be provided, on request, with 'reasonable' workplace facilities by their employer. 

Union equality representatives (UERs) gain the right to paid time off during working hours for duties such as promoting equality in the workplace and access to workplace facilities. 

Stronger protections when participating in industrial action   

Workers gain new legal protection from any detriment from their employer for taking part in industrial action. 

New employer duty to take "all reasonable steps" to prevent sexual harassment at work   

Employers must now take “all reasonable steps” to prevent sexual harassment at work. This includes third-party harassment, such as from customers.   

Read more about your new employment rights