The ERA & the Value of a HR Audit
13 March 2026The Employment Rights Act is the most significant enhancement of union organizing rights in a generation with the following changes to the law:
▶️ From April this year, the statutory recognition procedure will be simplified with the removal of the need for a union to show that at least 10% of the workers in the proposed bargaining unit are union members, and only a simple majority of those voting in a ballot required to secure recognition.
▶️ From October this year employers will be legally required to inform employees of their right to join a trade union.
▶️ Also in October, trade unions will gain new rights of physical and digital access to workplaces.
▶️ Dismissal for taking part in official industrial action is now automatically unfair, with the previous 12‑week limit removed. This provides open‑ended protection for lawful strikers.
Inevitably, the risk of union organizing increases with this these changes. So how can employers respond?
First of all, the smallest businesses are exempt from the statutory recognition procedure. It only applies to businesses with 21 or more employees.
But other businesses concerned about union organizing should ensure that they have in place robust practices to engage and connect with their people. These should include:
✅ Multiple two-way communication channels to connect with employees and listen to employee voice, including non-union forms of collective representation.
✅ Ensuring that senior leadership is visible and that line managers are trained in the organization’s people management practices.
✅ Developing a clear employee value proposition articulating what is compelling about working for the business.
✅ Connecting the day-to-day work of employees to business success by providing individual feedback and development.
✅ Ensuring that grievance and disciplinary procedures are fair and credible.
Employees are most likely to turn to a union for voice where connection and trust have broken down with their employer. Engaging your workforce through the above practices will help prevent that.
At Resourceful People Group Ltd we have developed, over years of experience, our Employee Relations Audit to help businesses manage the type of risk the ERA creates and to build employee engagement that unlocks commitment and retention.
