More Employers Expect Trade Unions. Almost None Feel Ready.
- 6 Min Read
As the Employment Rights Act strengthens trade union rights and workplace access, many organisations are preparing for a level of union engagement they have never experienced before. New research from WorkNest shows that while more than half of employers expect trade union activity to increase, only 1% feel fully prepared.
- Author: HRD Connect
- Date published: Jun 5, 2026
- Categories
The UK’s Employment Rights Act reforms are set to reshape employee relations over the coming years. At the same time, growing evidence from CIPD, Acas and other workplace bodies suggests employees are placing greater value on voice, consultation and influence at work.
Against this backdrop, new research from WorkNest reveals that 56% of organisations with no history of dealing with trade unions expect that to change as a result of the reforms. Yet despite anticipating greater union engagement, only 1% say they are fully prepared. More than two-thirds (68%) describe themselves as either “not very prepared” or “not at all prepared”.
The findings point to a growing capability gap at a time when industrial relations are becoming an increasingly important part of the employment landscape.
A new era for employee relations
The findings come as the government progresses a series of reforms designed to strengthen trade union rights and employee representation.
Changes already underway include greater protections for workers involved in industrial action and the removal of the 40% ballot support threshold previously required in certain sectors. Further reforms expected in 2026 will expand workplace access rights for trade union representatives, making it easier for unions to engage directly with employees.
While trade union activity has traditionally been concentrated in certain industries, the reforms are expected to increase union visibility across a much broader range of workplaces.
For organisations that have never had to engage with trade unions, this could represent a significant cultural and operational shift. Many employers that have historically relied on direct employee engagement may soon find themselves navigating collective discussions, workplace access requests and formal recognition processes for the first time.
Employee voice is becoming a strategic issue
The WorkNest findings arrive at a time when employee voice is becoming increasingly important across the workplace.
The latest CIPD Good Work Index has consistently found that employees who feel heard and involved in workplace decisions report higher levels of job satisfaction, wellbeing and engagement. Employee voice is increasingly viewed not simply as a cultural issue, but as a driver of performance, trust and retention.
At the same time, Acas has highlighted the importance of strengthening employee relations capability as organisations prepare for the implementation of the Employment Rights Act. Manager confidence, effective consultation and constructive dialogue are expected to play a more prominent role as workplace rights evolve.
This is particularly relevant as organisations navigate AI adoption, economic uncertainty and workforce transformation. During periods of change, employees often seek greater transparency, consultation and influence over decisions affecting their work. Where those channels are perceived to be weak or ineffective, formal employee representation may become more attractive.
The findings reinforce the growing importance of employee voice as a strategic capability. Organisations that invest in consultation mechanisms, manager capability and workforce engagement are likely to be better equipped to navigate a more active industrial relations environment.
Many employers are entering unfamiliar territory
Victoria Templeton, HR Knowledge Manager at WorkNest, believes a large number of employers may be underestimating the practical implications of the reforms.
“There’s a cohort of businesses whose size and structure mean they could now face union engagement for the first time and eventually requests for formal recognition. Understandably, many won’t yet have the processes, management capability or practical experience to deal with it effectively.”
Historically, many private-sector organisations have had limited interaction with trade unions. As a result, management teams may lack experience in collective consultation, workplace access arrangements, formal recognition procedures and industrial relations strategy.
This creates a significant capability challenge for HR teams, particularly at a time when many are already managing major changes associated with pay pressures, workforce planning, AI adoption and broader Employment Rights Act reforms.
Workplace access is emerging as a major concern
The research suggests that employers are particularly focused on the practical implications of the reforms rather than the principle of union membership itself.
Nearly a quarter of organisations (24%) identified statutory workplace access requests as the aspect of the reforms they expect to find most challenging. A further 26% pointed to increased employer responsibilities around union rights and managing industrial relations.
By comparison, only 8% cited the proposed “day one” right for employees to join a union as their biggest concern.
The findings suggest many employers are less worried about union membership itself and more concerned about how they will manage increased engagement, consultation and organisational obligations.
Employee relations may increasingly move from being a reactive compliance issue to a strategic capability that requires investment, preparation and leadership attention.
Policy readiness remains alarmingly low
Perhaps most concerning is the lack of preparation taking place ahead of the reforms.
Despite expecting greater union activity, 65% of organisations say they have not yet reviewed or updated their policies or processes in response to the Employment Rights Act changes.
This mirrors a wider preparedness challenge across the HR profession. Multiple employer surveys conducted since the Employment Rights Act was introduced have found widespread uncertainty around day-one rights, probation management, dismissal processes and consultation obligations.
The gap between awareness and action presents a significant risk.
As new rights come into force, organisations that lack clear policies, manager training and employee relations frameworks may find themselves responding reactively to union engagement rather than managing it proactively.
In practice, this could increase the likelihood of disputes, inconsistent decision-making and damaged employee trust.
HR’s role is becoming increasingly strategic
The research highlights how significantly the Employment Rights Act could reshape the HR agenda over the coming years.
While much of the discussion surrounding the legislation has focused on day-one employment rights, probationary periods and flexible working, the implications for industrial relations may prove equally significant.
For many HR leaders, union engagement has not historically been a core competency. As trade union rights expand and employee representation becomes more prominent, building capability in employee relations, manager education and workforce consultation is likely to become a greater organisational priority.
The findings suggest that employee relations capability is becoming an increasingly important component of organisational resilience. Effective engagement with employee representatives, robust consultation processes and well-trained managers are likely to become more significant differentiators as the reforms take effect.
The time to prepare is now
The WorkNest findings reveal a striking disconnect between employer expectations and organisational readiness.
Most businesses anticipate more interaction with trade unions in the years ahead. Very few feel prepared for what that will involve.
The Employment Rights Act extends beyond compliance obligations. The reforms have the potential to reshape how organisations approach employee voice, workforce engagement and industrial relations, particularly in sectors with limited prior experience of trade union engagement.
As trade union rights expand and employee representation becomes more prominent, organisations are likely to face increasing expectations around consultation, transparency and workforce engagement. The WorkNest findings suggest that many employers recognise this shift but have yet to translate that awareness into practical preparation.
Against a backdrop of workforce transformation, economic uncertainty and legislative reform, employee relations is becoming a more strategic component of organisational performance. The ability to engage constructively with employees, managers and representative bodies may play an increasingly important role in maintaining trust, reducing conflict and supporting long-term organisational effectiveness.
