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Essential points

  • Trade unions are organisations formed by, or comprised primarily of, members who will protect the interests of workers.  
  • Industrial action is where workers take measures (as part of a union or individually) as a means of expressing dissatisfaction. The legal protections for industrial action are greater when the action taken is organised by a trade union. 
  • Access to trade unions and the law around industrial action and worker protections focuses on the legal rights and responsibilities of both workers, trade unions, and employers (in respect of collective bargaining), industrial action and employee protections. 
  • When trade unions are recognised in a workplace they negotiate at a collective level on behalf of the workforce (or part of it). More than one trade union can be recognised in a workplace for the same, or different, groups of workers.
  • Collective bargaining (ie negotiation of terms and conditions for certain workers) can be undertaken by unions only if they are recognised by an employer. In instances where bargaining arrangements break down and a dispute arises, a trade union may ask its members to take industrial action, including a strike.  
  • There are significant changes to trade union law under the Employment Rights Act 2025 (ERA 2025), with further changes expected to come into force throughout 2026 and 2027. The content below addresses the current law, and it will be updated when any legal changes come into force. CIPD members can monitor future proposed changes on the ERA 2025 tracker.
  • Trade union and industrial action law is devolved (transferred) in Northern Ireland. The CIPD offers an employment law page specifying which areas of employment law differ in the UK.

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Disclaimer 

​Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice. 

Employment
law advice

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