Employers may soon face legal obligations to distribute trade union messages through internal systems, including email, intranet and video conferencing platforms such as Zoom and Teams. According to specialist employment law firm Littler, these changes stem from new ‘digital access’ rights introduced as an amendment to the Employment Rights Bill, marking a significant shift in trade union legislation.
The Bill introduces new rights and enhances existing union powers. The newly introduced ‘digital access’ right expands the concept of union access beyond physical entry into the workplace. Employers are awaiting further guidance from the Government regarding the scope of this right, which could significantly extend the influence of unions in workplaces across the country.
The new provisions could enable unions with an access agreement to require employers to send union communications via all-staff emails or internal messaging platforms. This broader interpretation of access rights could also include the facilitation of union-led video calls using company conferencing tools, allowing union representatives to reach employees directly. Importantly, these enhanced rights will apply to all employees, including remote workers, hybrid teams and potentially staff based overseas.
Additionally, the Bill introduces a new physical access right, allowing trade unions to seek formal access agreements with employers. This could result in unions gaining access to non-unionised workplaces and expanding their presence across sectors where they have previously had limited engagement. Once inside a workplace, unions will have the right to meet with employees, provide support, recruit new members, represent staff and organise collective bargaining efforts.
Employers Unprepared for Scale of Changes
Philip Cameron, Partner at Littler, warned that many businesses are not prepared for the scale of changes the Bill is set to bring. “This is the biggest change to union powers in a generation. Unions may soon have direct access to every workplace – and every employee,” Cameron said.
Chris Coombes, Senior Associate at Littler, echoed these concerns. “This will be a major shift for all businesses, especially those with no prior union presence,” Coombes said. “The Bill removes barriers that previously constrained union activity. Unions will now enjoy a bigger presence inside businesses – physically and digitally.”
While detailed guidance on implementation is expected through secondary legislation, the Bill lays a broad foundation for future expansion of union rights. Cameron added, “The scope of these changes is already wide, and the direction of travel is clear – unions will find it easier to gain a foothold where they previously had no access.”
He concluded, “If you’re an employer and you’ve yet to experience interest from a union, this may be about to change.”
