Category: UK Employment Rights

Rally For Trade Union Rights & Employment Rights #2 Bill

Posted on March 5, 2026March 8, 2026 By Tony Burke

“We need and demand a labour rights framework that’s worth defending and that workers will value as having something in it for them.”

By Adrian Weir, Campaign For Trade Union Freedom

The first tranche of new employment rights became operative on 18th February. Variously billed as the “biggest upgrade in workers’ rights in a generation” (Keir Starmer) and echoed by the TUC in December 2025.

The TUC has listed the changes that came into force in February 2026.

Simplified rules for taking industrial action

•the 40% support threshold for strikes in important public services (IPS) has been removed

•mandates for industrial action are increased to 12 months

•unions must give employers 10 days’ notice of industrial action (previously 14)

•unions no longer need to tell employers in advance how many workers in each role may strike

Simpler ballot rules

•ballot papers no longer need lengthy explanations of the dispute or action timetable

•members simply vote on the action they want to take: strike action or action short of a strike

Changes affecting public sector unions

•employers cannot charge unions admin fees for deducting subscriptions from pay.

•public bodies no longer have to publish facility time data

•the unused legal power to cap facility time has been removed

Unfair picketing rules scrapped

•unions no longer have to appoint a picket supervisor or follow the previous detailed supervisor requirements

Stronger protection for workers

•taking part in lawful industrial action is automatically protected from unfair dismissal, with no 12-week time limit

We can add to this list an ending of the necessity for unions to hold decennial ballots to maintain a Political Fund. Further, new union members will be deemed to have opted into the Political Fund rather than deemed to have opted out and having to make a conscious decision to opt in.

It would be churlish not to welcome these measures as a big step forward. However, the transition from the Green Paper New Deal for Working People to the Employment Rights Act 2025 can be seen as, to misquote Lenin, two steps forward, one step back.

However, we have now run into the first problem with the Act; these measures are not the totality of the new law, rather, they are just the first tranche. We may expect a further tranche in October 2026 and even more, hopefully the last, sometime in 2027 … and this way lies trouble.

Some measures will not be finalised until 2027, after a process of consultation. What this effectively means is that business interests will have time in abundance to lobby ministers to weaken what may already be weakened aspects of the Bill.

Let us take the right of union access to a workplace. The New Deal For Working People was endorsed at Labour Party Conference in 2021, and remarkably, the name has not been dumped, although it has had “making work pay” added as a coda. In the official version, it says: “Labour will – establish a reasonable right of entry to organise in workplaces.” [my emphasis]

In the version published by Labour Unions (formerly known as TULO) this is expanded upon as:

Labour will also strengthen trade unions’ right of entry to workplaces to organise, meet and represent their members and potential members, and to contact remote workers [my emphasis]

Labour will establish a reasonable right of entry to organise in workplaces, by introducing a transparent framework and clear rules designed in consultation with unions and business that allow unions’ officials to meet, represent, recruit and organise members [my emphasis]

Although it’s not expected to be made operational until October 2026, the starting point is a long way short of where we may have anticipated. To start with, a union may submit a written request to an employer for access, who must respond within 5 working days. Thereafter, the parties may negotiate an “access agreement” within fifteen days.

Should the negotiations fail or the employer refuse access in any event, the union may appeal to the Central Arbitration Committee. The CAC may levy a fine on a recalcitrant employer of up to £75,000 and up to £150,000 for repeated breaches. The money, a fine, goes into the state’s coffers; it’s not paid over to the union as some form of compensation.

So, we’ve moved from a right of access to a right to request negotiations over an access agreement, with any penalty for non-compliance being to the financial benefit of the state. An enforcement order to bring a rogue employer to heel is not an available remedy.

A further weakness is the failure to legislate for a single status of worker. New Deal for Working People was unambiguous about this: “Labour will ensure that this injustice [multiple status of employment] is rectified by creating a single status of ‘worker’ for all but the genuine self-employed … All workers, regardless of … contract type, will be afforded the same basic rights and protections.”

These rights and protections include “rights to sick pay, holiday pay, parental leave, protection against unfair dismissal and many others.”

Single status for workers is to be subject to yet another consultation with business and presumably the unions, but to take this forward will require further primary legislation, as there’s nothing in the Act on this topic.

On other new forms of labour abuse that are covered in the Green Paper, ‘fire and rehire’ and zero hours contracts, the transition to the Act has been less than satisfactory.

The fire and rehire provisions are complex and were, in any case, weakened in the House Of Lords by the Government. On zero-hour contracts, although still out for consultation, we may say that it is inconceivable that a worker in that situation would dare challenge an employer for failing to offer a contract based on hours worked in the reference period, especially as the legal recourse would be to apply to the Employment Tribunal for a remedy.

The main focus of the Act is generally to give workers individual rights, to be enforced through the Employment Tribunal. The average wait for an Employment Tribunal hearing currently is around 335 days from the claim being lodged, longer for complex cases.

Research carried out in 2013 has shown that 51% of successful applicants were never paid their compensation by employers. Further research in 2025 showed that 75% of (successful) applicants using the Government’s Employment Tribunal Penalty and Naming Scheme have not received their awards.

The extension under the new Act of the time limit to bring an ET claim from 3 months to 6 months (plus changes to early conciliation) will mean it will take longer to get a claim heard at the Employment Tribunal.

There is a great body of research that shows that when collective bargaining coverage falls, inequality rises, and that these two facts are not just correlated but the latter is causally linked to the former.

New Deal for Working People set out: “Labour believes strong collective bargaining rights and institutions at all levels are key to tackling the problems of insecurity, inequality, discrimination, enforcement, low pay and other issues identified in this Green Paper … Labour will empower works to act collectively via the roll out of Fair Pay Agreements … [which] will be negotiated through sectoral collective bargaining.”

Unfortunately, the Act restricts Fair Pay Agreements to the adult social care sector (where union-led negotiations are desperately needed). The Act also introduced a School Support Staff Negotiating Body (SSSNB), but, other than in these two sectors, there is no means to give statutory support for collective bargaining in other sectors of the economy.

If “making work pay” was to be achieved, then rolling out statutory support for sectoral collective bargaining would have gone a long way to deliver this.

The corollary to proper collective bargaining is a right to strike. When the Act became law last year, the Strikes (Minimum Service Levels) Act 2023 was repealed and, as noted above, most of the Trade Union Act 2016 was repealed in February this year. However, the fundamental restrictions on the right to strike are contained in the laws passed during the Thatcher and Major years of the 1980s and 1990s.

Repeal of the anti-union laws was clearly set out in New Deal for Working People: “Labour is committed to repealing anti-union legislation which removes workers’ rights, including the Trade Union Act 2016, in order to remove unnecessary restrictions on trade union activity.” Given that the 1980s and 1990s legislation remains in place, we have to say that repeal of the 2023 and 2016 Acts is a job only half done.

There were other urgent and important measures that could have been included in the Act, but were not.

Firstly, as Prison Officers’ Association General Secretary, Steve Gillan who also also the TUC’s president for 2026, has pointed out in a recent statement, supporting the call for an Employment Rights #2 Bill prison officers had the right to strike removed by the Conservatives in 1994. The right was restored in Scotland in 2015 to no detriment to the operation of the prison service. The POA calls for such a restoration in England and Wales in a second Bill.

Further, as the Government claims to support those working in adult social care with a quasi-collective bargaining forum as Unison General Secretary, Andrea Egan, highlighted in a recent Guardian article, the inequities of the proposed changes to “earned settlement” raising the bar to qualify for indefinite leave to remain from 5 to 15 years will impact disproportionately on mainly migrant workers in adult social care.

All the above discussion must clearly show that the Government missed a trick by succumbing to business lobbying and retreating on key pledges made in New Deal for Working People. The contribution made by Steve Gillan shows that there are employment rights issues that have not been addressed in the Act at all, even though the Government had a great opportunity to do so.

This is why the Campaign for Trade Union Freedom, in partnership with Strike Map, is holding a one-day rally to mobilise union activists and officials to keep the pressure on the Government to reopen this debate, to stand up to the business lobby and to legislate further to guarantee trade union rights as well as workers’ rights in our country.

We need and demand a labour rights framework that’s worth defending and that workers will value as having something in it for them; let’s not forget that Reform UK have promised to repeal the Employment Rights Act should they win the next General Election.

We need an Employment Rights #2 Bill to defend what we already have and to comprehensively and collectively advance the interests of working people.

This article first appeared on Labour Outlook.

Speakers at the rally include:

Steve Gillan – POA General Secretary and TUC President

Andrea Egan – Unison General Secretary

John McDonnell MP

Sarah Woolley – BFAWU General Secretary

Prof Keith Ewing – Campaign for Trade Union Freedom

Fran Heathcote – PCS General Secretary

Matt Wrack – NASUWT General Secretary

Sarah Kilpatrick – NEU Deputy General Secretary

Mike Masters – Birmingham Bin Striker

Lord John Hendy KC – Campaign For Trade Union Freedom

Eddie Dempsey – RMT General Secretary

Chairs: Tony Burke Co-Chair of The Campaign For Trade Union Freedom & Carolyn Jones, Campaign For Trade Union Freedom/Institute Of Employment Rights.

CTUF Rally For Employment Rights #2 Bill London, March 21st

Posted on February 13, 2026 By Tony Burke

Join the Campaign for Trade Union Freedom at our rally for trade union rights with a Employment Rights #2 Bill on 21st March in London

Speakers include: Steve Gillan – POA & TUC President; Matt Wrack – NASUWT; Fran Heathcote – PCS; Eddie Dempsey – RMT; Sarah Woolley – BFAWU; Lord John Hendy- (CTUF & IER); Sarah Kilpatrick – (NEU); Andrea Egan – (Unison); Carolyn Jones – (IER); James Farrar – (WEI)

Register here

Date: March 21st, 11:00am

Venue: NEU, Hamilton House, Mabledon Place, London, WC1H 9BD

Talent Platforms – why we need action on worker status in the Employment Rights Act

Posted on February 6, 2026February 6, 2026 By Tony Burke

By Peter Wieltschnig TUC’s Policy Lead – Employment Rights & Labour Markets

What do upmarket hotel Claridge’s, retailer Urban Outfitters and café chain Colicci’s have in common? They have all used so-called ‘talent platforms’: agencies that supply ostensibly self-employed workers to do roles such as shop assistants and coffee shop baristas that most of us would expect to be employees.

A new report from the TUC reveals the price that workers pay in lost protections as employers seek to evade the legal responsibilities that come with employing workers.

The appearance of these agencies comes at a moment when the government has sought to boost workers’ rights. The Employment Rights Act 2025 introduces vital protections like banning exploitative zero hours contracts, protecting workers from harassment and sick pay for all. These changes are a huge step forward.

But unless we urgently tackle the issue of employment status – the rules that determine what rights a worker is entitled to – millions will remain locked out of these rights.

The government now needs to follow through on its pledge to reform worker status.

What Are Talent Platforms?

Across the UK, talent platforms like Temper are reshaping the labour market. These are websites or apps that connect people who want to offer services with people who want to pay for them. They promise flexibility and freedom, but for many workers, this is a fiction. Instead of decent jobs, these platforms offer insecurity by design. Workers apply for work on a shift-by-shift basis, and are recruited as self-employed contractors.

Most people think of the ‘gig economy’ as covering food delivery and ride hailing apps. But increasing insecurity in the labour market means more sectors are starting to rely on these practices, including major brands like Urban Outfitters. Where bogus self-employment contracts are offered, it means workers lose out a swath of important rights which can include:

Minimum wage
Regular shifts/notice of shift cancellation
Tips
Pension contributions
Collective bargaining

In its Plan to Make Work Pay, the Government pledged to make it harder for employers to use bogus self-employment contracts.

Case study: Colicci Café

Colicci Café describes itself as a ‘family-run’ café and operates across London’s royal parks and “cherished public spaces” – offering work on Temper on a self-employed basis. But despite requiring at least one year experience as a barista, the Cafe only offers £12.50 per hour for a 6.5-hour shift. If a worker chooses Temper’s ‘DirectPay’ option so they can get paid immediately, they sacrifice 2.9 per cent meaning they end up with below the national minimum wage for someone over 21 years old.

Someone wanting to work this shift would have to buy their own all-black outfit if they didn’t already own one (‘no rips’ specified). The job advert warns: “You will be sent home if you are not in the correct uniform.” Being required to wear a uniform is a key indicator of bogus self-employment.

If you are successful in applying for the shift, and buy your uniform in anticipation, Colicci Café retains the right to cancel your shift with just 24 hours’ notice without paying a penny. If it cancels with less then 24 hours’ notice, it pays 50 per cent of the shift cost. If the unlucky applicant has already spent money on their uniform, for childcare, for travel, they might be down money for a shift they never had.

Why employment status matters

The employment rights that you’re entitled to depend on your employment status: employee, worker, or self-employed. Employees enjoy full protections. Workers get some rights, like the minimum wage, but miss out on others, such as protections against unfair dismissal. Those deemed self-employed have virtually none. This complexity creates loopholes that bad employers exploit to cut costs and dodge responsibilities.

The Employment Rights Act strengthens protections, but only for those who qualify as workers or employees. Without further action to move towards a single worker status, bad employers could circumvent the upgraded employment rights and protections by classifying individuals as self-employed

.What needs to happen next

The government has committed to reviewing employment status and moving towards a simpler two-tier system: either you’re a worker with full rights, or you’re genuinely self-employed. That’s the right direction—but we need action now. Here’s what must happen:

A presumption of worker status – to shift the burden from vulnerable workers to those who wish to deny them protections
Action to stop ‘substitution clauses’, which allow workers to send someone else to do their work, being used to deny them their rights
Empower labour market enforcement and strengthening employment tribunals – making sure the Fair Work Agency has the teeth to hold bad employers to account
Remove loopholes for agency work – employment agencies play an intermediary role between worker and client, muddying the waters of who is actually the employer. The Government should make sure this loophole doesn’t allow employers to avoid providing employment rights

Why this matters

Without these changes, the Employment Rights Act risks being undermined. We’ll see a race to the bottom, where platforms and employers compete to circumvent entitlement to rights and protections. Workers will continue to bear all the risks, low pay, insecurity, and lack of voice, while bad employers reap the rewards.

The government’s promise to make work pay must mean real security. That means closing loopholes, simplifying status, and ensuring that rights apply in practice, not just in theory.

The Campaign For Trade Union Freedom will be holding a spring rally in London on 21st March to launch the campaign for a second Employment Rights Bill to close loopholes and bring forward the workers rights and protections promised in Labour’s New Deal For Workers. More information soon.

A historic advance for workers – and the fight to make it count

Posted on January 8, 2026 By Tony Burke

Andy McDonald MP. Photo: (c) The Labour Party

The Employment Rights Act 2025 marks the biggest expansion of workplace protections in a generation. But with key reforms delayed and crucial details still to be decided, unions must remain vigilant to ensure this landmark law fulfils its transformative promise, says Andy McDonald MP

The Employment Rights Act 2025 has now passed into law, marking the most significant advance in workers’ rights in a generation. For decades, trade unions and campaigners have argued for reforms that protect workers from precarious conditions, arbitrary dismissal, and exploitative practices. This Act delivers on many of those promises and represents a historic step toward the vision set out in Labour’s 2021 New Deal for Working People. Among its landmark measures, the Act guarantees protections around hours of work, creates powers to challenge unfair fire and rehire practices, and establishes day-one rights in several key areas.
It also strengthens trade union access to workplaces, initiates the possibility of e-balloting for industrial action, and lays the groundwork for collective bargaining in the social care sector. For the first time in decades, workers in some of the most vulnerable parts of the economy are being given tools to assert their rights and challenge exploitative practices.
However, the road to this moment has not been smooth.
Throughout the passage of the Bill, the employer lobby actively sought to water down the legislation. Whether through the Confederation of British Industry (CBI), the Federation of Small Businesses (FSB), or other employer bodies, many organisations pushed for carve-outs, longer qualifying periods, and narrower enforcement provisions. While ministers ultimately resisted wholesale dilution, the process demonstrated the ongoing tension between workers’ interests and entrenched business groups.
Another complication arose from the front-bench reorganisation during the Bill’s passage. Angela Rayner, who had been the responsible Secretary of State, and Justin Madders, the Minister of State overseeing the Bill, were both removed from their roles.
While Kate Dearden, who had been closely involved in establishing the New Deal for Working People, remains part of the team, the frequency of reshuffles caused by wider political pressures risks disrupting the continuity and relationships necessary to embed the best possible upgrade in employment rights.
Maintaining strong, consistent leadership within government is essential to ensure that the Act’s transformative potential is realised.
Critically, much of the detail of the Act will be determined through secondary legislation. That means the passage of the law is not the final step — trade unions and their parliamentary allies must remain vigilant to ensure these protections are implemented robustly.
Current consultations on trade union access to workplaces and on establishing social care collective bargaining institutions are pivotal moments where advocacy will shape how the Act operates in practice.
Even as we celebrate this historic achievement, it is important to acknowledge the measures still delayed or absent. Key proposals from Labour’s 2021 New Deal, such as moving toward a single worker status, extending blacklisting protections, broadening health and safety safeguards, reviewing Transfer of Undertakings (Protection of Employment) requirements, and ensuring public procurement actively raises employment standards, remain unfinished.
Additionally, there is no commitment to reform public-sector pay review processes to create a meaningful form of collective bargaining. These gaps leave substantial work for future campaigns.
A number of bold measures that remain unmet — full bans on “fire and rehire” with injunction powers for unions, the abolition of zero-hours contracts, single worker status with universal rights, the removal of restrictions on industrial action, and a proper minimum wage of £15 with uprating — have been advocated through the proposed Employment Rights Bill No 2 by Strike Map, the Campaign for Trade Union Freedom, the Institute of Employment Rights, the General Federation of Trade Unions, and other organisations. These proposals signal that the push for a truly transformative agenda is alive and growing.
The history of reform in Britain demonstrates the importance of sustained campaigning. Early compromises, such as the reduction of day-one unfair dismissal protections to six months’ qualifying service, illustrate the pressure unions face from both government negotiation and employer lobbying.
As a party and a movement, we had framed day-one rights as a moral imperative: no worker should live in fear of dismissal from the first day of employment. Yet, in practice, the government yielded under pressure from the House of Lords and business interests, leaving new employees vulnerable for nearly half a year before gaining full legal protection.
Critics may argue that these concessions were necessary to balance business concerns, but the reality is stark: under the current framework, workers who meet all expectations can still be dismissed arbitrarily, with minimal recourse. This is not an abstract scenario; it is the lived experience of countless workers today.
Moreover, employer groups continue to use consultations on secondary legislation as a platform to shape protections, highlighting the necessity of active engagement from unions and campaigners.
Despite these challenges, the passage of the Employment Rights Act 2025 is a moment to celebrate. It enshrines some of the most significant workers’ protections in decades and initiates reforms that could reshape employment practices across the country. Yet celebration must be paired with vigilance.
The union movement must ensure that secondary legislation strengthens, rather than undermines, the law’s intent. At the same time, support for a second, more ambitious Employment Rights Bill remains essential to complete the agenda begun in 2021.
The Act represents progress, but it is also a reminder that labour rights are not delivered once and for all — they are won, defended and expanded through persistent campaigning. This is a historic step, but it is not the final one. Working people, unions and advocates must continue to push for a world where decent work is not a privilege, but a guaranteed right.
Andy McDonald is Labour MP for Middlesbrough and Thornaby East.