The Employment Rights Bill: Are You Prepared for a Shift in Power?

The landscape of UK employment law is about to undergo its most significant transformation in a quarter of a century. With the introduction of the Employment Rights Bill, the government is signalling a deliberate shift in power towards organised labour. For employers across the country, this isn’t just a tweak to existing rules; it is a fundamental reshaping of how businesses will interact with their workforce and trade unions.

Recently, Madeleine Kelly, co-founder of Integrity Conflict Solutions, was invited to join an esteemed panel of experts to discuss these critical changes. Hosted by the Food and Drink Federation (FDF) and Mercer Marsh Benefits, the webinar, titled Employment Rights Bill: Key Impacts on Employee Relations and Workforce Strategy, delved deep into the practical realities facing employers.

Alongside experts from Capital Law, Mercer, and the FDF, Madeleine provided crucial insights into how businesses can navigate the potential rise in workplace conflict. This blog summarises the key takeaways from that discussion and offers actionable advice for employers looking to stay ahead of the curve.

A Deliberate Shift: What the Bill Changes

The webinar highlighted three primary areas where the Employment Rights Bill will revolutionise current practices. These changes are designed to simplify trade union recognition and increase union access to the workplace.

1. Simplified Trade Union Recognition

Currently, if a trade union seeks recognition but an employer refuses, the union must jump through several hoops. They need to prove they have 10% membership within the bargaining unit and demonstrate that a majority of workers want recognition. Furthermore, any ballot requires at least 40% of the entire workforce to vote for it to be valid.

The new Bill sweeps these hurdles away. As Richard Thomas from Capital Law explained, the requirement to show evidence of support for recognition will go. The 40% turnout threshold will also be scrapped. Under the new rules, a simple majority of those who vote in a ballot will suffice for recognition. This significantly lowers the bar for unions, making it much easier for them to gain a foothold in workplaces where they previously struggled.

2. A New Statutory Right of Access

Perhaps one of the most tangible changes is the introduction of access rights. Currently, employers are under no legal obligation to let union officials onto their premises. By October 2026, this will change. Unions will gain an independent statutory right to access workplaces for recruitment, organising, and collective bargaining.

Crucially, this isn’t limited to physical access, like setting up a stall in the canteen. It extends to digital access. Unions will have the right to request that employers distribute information via email or host content on company intranets. Employers must engage with these requests; simply ignoring them will no longer be an option. Disputes over access will be adjudicated by the Central Arbitration Committee (CAC), which will have the power to enforce agreements and issue fines.

3. The Duty to Inform

Employers will soon face a new legal duty to actively inform workers of their right to join a trade union. This goes beyond a simple line in a handbook. The government consultation suggests this statement must detail union functions, the benefits of joining, and relevant statutory rights. This information will likely need to be provided to new starters alongside their contracts and reminded to existing staff annually.

The Risk of Conflict: Madeleine Kelly’s Perspective

While legal experts focused on the mechanics of the Bill, Madeleine Kelly brought a vital perspective on the human and relational impact of these changes. With over 30 years of experience as a lawyer and mediator, Madeleine warned that a stronger collective voice often brings underlying tensions to the surface.

“If there is a stronger collective voice, there’s bound to be a bigger risk of conflict,” Madeleine noted during the session. “People are going to unearth discontent, they’re going to start talking about it, and they’re going to be egged on to really focus on the issues.”

This doesn’t mean unionisation is inherently negative, but it does mean the dynamic between employer and employee will change. Conflict often arises when communication breaks down or when parties feel unheard. The reforms will likely embolden workers to vocalise dissatisfaction regarding pay, conditions, and job security.

For employers, the risk isn’t just legal compliance; it’s cultural. If management teams are unprepared for these conversations, minor disagreements can quickly escalate into formal disputes or industrial action.

Strategic Preparation: How Employers Should React

The consensus from the panel was clear: do not wait for the legislation to pass. Reactive employers will find themselves on the back foot, responding to an agenda set by unions. Proactive employers can shape the narrative and strengthen their workplace culture before challenges arise.

Decide Your Strategy Early

Employers face a strategic choice. Do you want to embrace unionisation and build a constructive partnership? Or do you aim to make union representation unnecessary by fostering direct, high-quality engagement with your staff?

If you choose the latter, your employee value proposition must be robust. Lisa Trewhitt from Mercer emphasised that fair pay and job security are top priorities for employees. If your workforce feels valued, heard, and fairly compensated, the appeal of third-party representation diminishes.

Master the Art of Conflict Communication

Madeleine Kelly outlined Integrity Conflict Solutions’ three-pillar framework for navigating this new era: Prevent, Manage, Cure.

1. Prevent: Understand the legislation and the risks. Train your managers now. Do they know how to handle a difficult conversation about pay? Can they negotiate effectively without becoming defensive?

1. Manage: Equip leaders with enhanced negotiation skills. Conflict communication is a specific skill set that even experienced managers often lack.

1. Cure: Don’t let disputes fester. Use early mediation to resolve issues before they become legal battles.

“Ensuring management is skilled at communication is key,” Madeleine advised. “Employees these days want to feel heard, they expect to be heard, and if they are heard, then it will take the risk away of getting into collective bargaining situations.”

Audit Your Employee Relations Climate

Lisa Trewhitt suggested looking at your data. High sickness absence, high turnover, and poor exit interview feedback are all red flags. These metrics indicate dissatisfaction, the fertile ground where union drives often take root.

If you already have a union presence in part of your business, consider whether this is likely to expand. As highlighted in the Q&A, if a union is recognised for one site, they may well look to expand to others. Being proactive means anticipating these moves and understanding the mood of your workforce across all locations.

Digital Access and the Modern Workplace

The discussion on digital access raised interesting practical questions. Employers are understandably cautious about handing over email lists or intranet access. However, the panel noted that the CAC will likely take a pragmatic view. The goal is to prevent the fragmentation of employee relations, not to disrupt business operations.

Employers should start thinking about what “reasonable access” looks like in their specific context. Drafting policies now that outline how digital spaces can be used for union activities, while protecting business data and productivity, will put you in a stronger position during future negotiations.

Why This Matters for the Food and Beverage Sector

While the legislation applies universally, the webinar had a specific focus on the food and beverage industry. As Tanya Barringer from the FDF noted, many larger manufacturers are already heavily unionised. For them, the challenge is maintaining power balance and productivity.

However, for medium-sized businesses in the sector that have not historically dealt with unions, this Bill represents a massive cultural shift. These businesses are most at risk of being caught unprepared. With tight margins and complex supply chains, the food and beverage sector cannot afford prolonged industrial disputes. The time to build resilient employee relations is now.

Conclusion: Lean Into the Change

The message from the panel was unanimous: lean into this change. You get the employee relations you deserve. By treating your workforce with respect, paying fairly, and, crucially, listening to their concerns, you build trust. Trust is the best buffer against conflict.

At Integrity Conflict Solutions, we are proud that Madeleine Kelly could contribute her expertise to this vital conversation. As the reforms roll out over the coming years (with key dates in April and October 2026), the need for skilled conflict resolution and strategic negotiation will only grow.

Are your managers ready for the difficult conversations ahead?

If you are concerned about potential conflict in your organisation or want to equip your leadership team with the skills to navigate these changes, Integrity Conflict Solutions is here to help. Contact us today to discuss how our mediation and training services can support your workforce strategy.