The Employment Rights Bill (ERB) is a landmark piece of proposed legislation currently going through Parliament that aims to modernise and strengthen the employment landscape.

It is important for private registered providers of social housing (PRPs) to understand the implications of the ERB, including the increased rights related to trade unions, which form a significant part of the ERB. Whilst not all PRPs are unionised, the proposed changes to the ERB make it likely that more can, and will, be unionised once the ERB changes are implemented.

Key proposed changes include:

Conditions for trade union recognition

Currently: The current process for statutory recognition by trade unions requires demonstrating
that 10% of the proposed bargaining unit are union members before a ballot is held. Statutory recognition must then be supported by a majority vote, with at least 40% of the workers in the bargaining unit voting in favour.

Change: The threshold of union membership that a union will have to demonstrate within a bargaining unit will reduce to between 2% and 10%. The requirement for majority support within the bargaining unit will be removed, and a majority vote will be sufficient for statutory recognition, eliminating the 40% threshold.

Facilities provided to trade union officials and learning representatives

Currently: There is a right to paid time off, but not for facilities.

Change: The right to paid time off will continue and where an employer permits such time off, they must also provide the employee with ‘accommodation and other facilities’ when it is reasonably requested.

Right of trade unions to access workplaces 

Currently: Unless agreed as part of collective agreement or ordered by the Central Arbitration Committee (CAC) there is no ‘right of access’ for trade unions into a workplace for recruitment or organisational purposes.

Change: There will be a right to request an access agreement with an employer for one or more officials of the union and the agreement must then be communicated to the CAC. If agreement cannot be reached then the CAC may make a determination.

Time off for equality representatives 

Currently: Whilst unions may have equality representatives, they have no rights to time off nor to have facilities provided in which to carry out their duties.
Change: An employer will be required to permit an equality representative of a recognised trade union time off for carrying out their duties. The purpose of the time off will include arranging learning or training, carrying out activities for the purpose of promoting the value of equality and providing information and support.

Blacklists - Additional powers

Currently: It is unlawful for employers and employment agencies and others to compile, or supply or use a blacklist - a list of persons who have been members of trade unions or who have taken part in trade union activities - for the purpose of discriminating against them, for example in recruitment decisions.
Change: This will be extended to include lists which may not have been prepared for the purpose of discrimination but are subsequently used to discriminate.

Industrial action - Provision of information to employer

Currently: The notice a trade union must give an employer of industrial action (post ballot) is 14 days.

Change: Orginally, the ERB reduced this to seven days. Amendments made in March 2025 increased this to ten days.

Protection against detriment for taking industrial action

Currently: There is no protection against sanctions (short of dismissal) taken against an employee who engages in lawful strike action.

Change: Employees will have protection against any ‘detriment’ they may suffer at the hands of their employer where the specific purpose of that treatment was to deter the employee from engaging in industrial action or to penalise them for continuing to do so. Regulations will be issued to deal with what is meant by detriment.

Protection against dismissal for taking industrial action

Currently: Employees who are taking part in lawful industrial action are protected from dismissal for a protected period. This period is currently 12 weeks.

Change: This 12-week limit will be removed and so the employee will be protected for the length of the strike action.

Implications for PRPs

Keep in mind that the ERB is subject to change and the government has now issued a roadmap for implementation. However, it is best to be prepared.

PRPs will need to be proactive in understanding and implementing the changes introduced by the ERB. We recommend the following to make sure you are prepared for the increased role and protections for trade unions:

Consider current arrangements: Now would be a good time to consider any current union arrangements and review existing recognition agreements.

Engage with trade unions: Foster a collaborative relationship with trade unions to ensure compliance with the new legal requirements.

Review employment policies: Update employment policies to reflect the strengthened union rights and protections.

Training and awareness: Conduct training sessions for managers and HR personnel to educate them about the new provisions and their responsibilities.

Monitor compliance: Implement regular monitoring and evaluation processes to ensure that you are ready for the changes when they come in and once they are in that you are adhering to the new regulations.

For more information and updates on the ERB visit our ERB Hub.