Skip to content

Union Rights & Recognition: The Good Jobs Bill (3 December)

05/12/2025

Strengthening the trade union voice and representation has been a key objective of the Department for the Economy.

At an employer focussed event the Minister for the Economy, her Special Adviser, and Department officials heard directly from businesses about their concerns. The Minister outlined proposals in the forthcoming Good Jobs Bill relating to trade unions which include:

Key Trade Union Proposals in the Good Jobs Bill

  1. Increased Trade Union Rights to Access Workplaces
  • Unions will be able to request access to both unionised and non‑unionised workplaces.
  • Purpose: to encourage more workers to become members and make recruitment easier.
  1. New LRA Code of Practice covering trade union access rights
  • Code will be underpinned by good faith and reasonableness.
  • Access rights cannot be used to disrupt or protest.
  1. Phased Implementation of Access Trade Union Access Rights
  • Starting with larger businesses, moving towards smaller ones.
  • Department will monitor implementation.
  1. Lower Threshold for Statutory Trade Union Recognition
  • Reduced from 21 employees to 10.
  • Department modelling suggests this will only double the number of cases referred to the Industrial Court to compel recognition (around six per year).
  1. New Code of Practice on Facilitating Workplace Relationships
  • Supporting respectful engagement between employers and unions, with accompanying guidance.
  1. Information & Consultation (ICE Regulations)
  • Redefining “undertaking” to include smaller establishments and satellite offices.
  • Reducing threshold for requests from 10% to 2% of employees.
  • Lowering minimum number of employees required from 15 to 10.

Much of this approach is based on the New Zealand model, where similar rights were introduced 20 years ago. Interestingly, New Zealand is now repealing some of those laws.

The Minister’s Special Adviser Dr Lisa Wilson referred to her recent paper Trade Union Voice as a Lever For Good Jobs – Evidence, Policy, and Practice in Northern Ireland as evidence that collective voice through unions improves job quality, workplace relations, absenteeism rates, and business outcomes. This evidence was robustly challenged by the business community citing absenteeism rates in the heavily unionised public sector as compared to those in the private sector.

What Happens Next in Northern Ireland?

The Good Jobs Bill is currently with the Office for Legislative Counsel for drafting and will be presented to the Assembly early in the new year. Proposals on union voice and representation will face close scrutiny from businesses and the Committee for the Economy.

While the session was tough, the Department acknowledged the importance of listening to employer concerns and committed to ongoing consultation.

Developments in GB: Consultation on Modernising Union Balloting

On 19 November 2025, the GB Government published its consultation document Make Work Pay: Draft Code of Practice on Electronic and Workplace Balloting for Statutory Union Ballots.

The consultation runs until 11:59pm on 28 January 2026.

Currently, almost all statutory ballots must be conducted by post. The new Code proposes modernised voting methods to make participation easier, ensure transparency, and reflect the voices of working people.

What Employers Need to Know

The draft Code sets out:

  • Legal requirements for each party involved in a ballot.
  • Factors to consider when choosing a voting method.
  • Good practice guidance for electronic and workplace ballots.

Proposed Balloting Methods

  1. Pure electronic balloting – fully digital distribution, casting, and return of votes.
  2. Hybrid electronic balloting – voting materials sent by post, with votes returned either by post or electronically.
  3. Workplace balloting – in‑person voting at the workplace or agreed off‑site locations.

All ballots will continue to be overseen by an independent scrutineer. The Secretary of State must be satisfied that ballots meet required standards:

  • All entitled members can vote.
  • Votes remain secret.
  • Risks of unfairness or malpractice are minimised.

Implementation Timeline

  • Phase 1 (2026): Electronic and workplace balloting introduced for specific union ballots, overseen by a new Senior Oversight Board.
  • Phase 2 (end of 2026): Expansion of pure electronic balloting to recognition and derecognition ballots.
  • Phase 3 (2027 onwards): Ongoing review and enhancement of the regime.

Northern Ireland Context

This Code will only apply in England, Wales, and Scotland only. In Northern Ireland, employment law is devolved. However, the learnings from this Consultation may well shape the direction In Northern Ireland as the Department for the Economy will also adopt separate legislation to permit electronic balloting systems here.