Battersea and Wandsworth Trades Union Council (BWTUC) is calling on workers in South West London to avail of their new rights to seek help from trades unions for a fair deal and protection at work.
These very important new rights being introduced for workers in South West London for a fair deal and protection at work can only be enforced by joining a union says BWTUC
Battersea and Wandsworth Trades Union Council (BWTUC) is calling on workers in South West London to avail of their new rights to seek help from trades unions for a fair deal and protection at work. These rights are coming into force from 18th Februaryonwards after the Employment Rights Act 2025 received Royal Assent on 18 December 2025.
See on this website a previous BWTUC press release of 11 February setting out the timetable for implementing the overall scope of the new rights at work. https://bwtuc.org.uk/news/hearts-union-week
This press release sets out the specific details of the new rules for trades unions seeking recognition to represent workers in workplaces, new rules for employers to inform their workers about their rights to join unions and the new rules on trades unions rights to access workplaces for organizing, recruiting, and representing workers. BWTUC sets out the details as follows:
Key Changes to Trade Union Recognition from April 2026
The new rules significantly lower the statutory hurdles for unions seeking formal recognition from an employer:
Removal of Likely Majority Support Test: Unions no longer need to demonstrate at the start of an application that a majority of workers in a proposed bargaining unit are likely to support recognition.
Lowered Membership Threshold: The requirement for a union to show that 10% of workers in the bargaining unit are already members can now be reduced by regulation to as low as 2%.
Simple Majority for Ballots: The requirement that a recognition ballot be supported by at least 40% of the total workers in the bargaining unit has been abolished. Now, only a simple majority of those who actually vote is required for a successful application.
Restrictions on Unfair Practices: New protections against "unfair practices" (such as employer interference or offering incentives to vote against the union) now apply from the moment the Central Arbitration Committee (CAC) accepts a union's application. In particular Employers are specifically blocked from increasing the number of employees in a proposed bargaining unit solely to dilute union membership levels. These restrictions now apply much earlier—from the moment the CAC accepts the initial application
Bargaining Unit Stability: New joiners hired more than 10 days after the CAC receives an application will not be counted in the bargaining unit for that recognition process.
Key changes on Employer obligation to inform employees of their Trades Union Rights from October 2025
Under the new rules employers have a new statutory duty to provide all workers with a written statement informing them of their right to join a trades union. This obligation applies even if the employer does not currently recognise any unions.
Core Obligations:
Mandatory Written Statement: Employers must issue a formal notice confirming a worker's right to join a union.
Timing for New Hires: The statement must be delivered alongside the Section 1 Statement of Employment Particulars (the document detailing pay, hours, and basic terms) on or before their first day of work.
Ongoing Duty for Existing Staff: Employers must also provide the statement to their current workforce. The government's preferred frequency is for this to be reissued annually.
Content Requirements:
While final details are being refined through secondary legislation, the statement is expected to include:
Functions of a Union: A neutral, factual summary of what trade unions do, such as representing workers and negotiating pay.
Legal Rights: A summary of statutory protections, including the right not to suffer detriment for joining or not joining a union.
Recognised Unions: A list of any trade unions the employer already formally recognises for collective bargaining.
Search Tools: A signpost to the official list of trade unions maintained by the Certification Officer.
Implementation and Penalties
Effective Date: This duty is expected to come into full force in October 2026.
Enforcement: Failure to provide the statement is enforced similarly to a failure to provide a Section 1 statement. If a worker wins a separate tribunal claim against the employer, the tribunal can award an additional two to four weeks' pay (subject to statutory caps) as compensation for this breach
Key changes on Trades Union Rights to access workplaces to meet workers from October 2026
The new rules see the introduction of significant new rights for trade unions to access workplaces for organizing, recruiting, and representing workers as follows;
Access Rights: Independent trade unions can request access to physical workplaces and, potentially, digital communication channels to meet, recruit, and organize workers.
Regulated Process: Unions must submit a request, initiating a negotiation period with the employer for agreed terms.
Role of the Central Arbitration Committee (CAC): If negotiations fail, the CAC can intervene and impose access terms.
Mandatory Notification: Employers have a statutory duty to inform all new employees of their right to join a trade union, potentially in the written statement of employment.
Simplified Recognition: The threshold for union recognition is lowered, and the requirement for unions to prove they are likely to win a ballot is removed.
Scope: These rights apply to workplaces but generally exclude private dwellings..
How the New Union Access Rules will be implemented:
Under the new law, trade unions will have a legal right to request access to workplaces for specific purposes. This marks a shift from the previous system, where access was generally only possible with employer agreement or during a formal recognition ballot.
Purposes of Access: Unions can request entry to meet, represent, recruit, or organise workers, and to facilitate collective bargaining. They are expressly prohibited from using this access to organise industrial action.
Types of Access: The right covers both physical entry to the workplace and digital communication with workers (e.g., via IT platforms or email).
Process for Access:
Access Request: An independent trade union must submit a written request to the employer.
Employer Response: Employers generally have 5 working days to respond, either accepting or rejecting the terms.
Negotiation Period: If rejected, a 15-working day negotiation period follows to try and reach a voluntary agreement.
CAC Determination: If no agreement is reached, unions can apply to the Central Arbitration Committee (CAC) within 25 working days of the initial request. The CAC can order access if it is "reasonable in all the circumstances".
Exemptions: The right of access does not apply to businesses run from private dwellings. The government has also consulted on an exemption for small employers with fewer than 21 workers.
Spencer Barnshaw Secretary BWTUC said “ These are very important new rights being introduced for workers in South West London to seek help from trades unions for a fair deal and protection at work.
It is very important for workers to recognise that they need to join a union to actively enforce their new rights at work for a fair deal and protection at work.
BWTUC is calling on workers across South West London to join the relevant union for their sectors and trades.
There is a trades union for workers in every sector of the economy and for those with different levels of skills and qualifications. There are unions who recruit and provide important and relevant services to self-employed workers.
It is important that those not already members of the relevant union should look into joining. They will be joining independent organisations some of which have been in existence for nearly 200 years and are now spread around the globe with over 200 million members worldwide.
Workers should visit the TUC website at www.tuc.org.uk to find information on the relevant union for their industry and workplace.”
On 18 Feb 2026, Mobile +44 7921 289880 wrote:
