Free Our Unions supporters have drafted the following motion for UNISON National Delegate Conference 2026 (for more on the conference including deadlines and processes etc, see here.) Although there are some UNISON-specific bits (eg the reference to “Labour Link”), the bulk of it can be easily used or adapted for other unions.
If your branch is putting this motion or a version of it forward, let us know: freeourunions@gmail.com
After the ERA passes: step up our fight!
Conference notes:
1. That the impact of significant parts of the Employment Rights Act will be shaped by an implementation process over the coming year, with great need for ongoing campaigning to maximise gains made. As of 18 January 2026, for instance, there is no date for scrapping the 50% ballot turnout threshold, while eg specifics on unions’ right of access to workplaces will be determined through a consultation.
2. That while much therefore remains to be determined, the legislation itself – measured against the demands of our movement and the needs of workers – contain very significant weaknesses on:
• Repeal of anti-strike restrictions;
• Unfair dismissal rights for all;
• Preventing fire and rehire / replace;
• Preventing zero hours contracts;
• Union access to workplaces;
• Processes for union recognition;
• “Collective bargaining” in social care and for school support staff (which the Act says clearly is not actual collective bargaining).
3. That the ERA does nothing on:
• Reinstatement for workers dismissed unfairly;
• Creating a single worker status to prevent use of fake self-employment to deny rights;
• Promoting collective bargaining throughout the economy.
Conference believes:
1. That rather than thinking “job done”, the labour movement must fight for the ERA’s provisions to be implemented quickly and in the strongest possible forms, while of course making maximum use of openings created.
2. That we must simultaneously demand a second, much stronger Act addressing the problems left or created by the 2025 Act’s inadequacies.
3. Crucially, workers need the right to strike / take industrial action by a process, at times and for demands of their own choosing, including in solidarity with any other workers and for broader social and political goals, and to picket freely.
4. In the urgent need for:
a) In line with TUC Congress policy, repeal of all anti-union / strike legislation, back to 1979, and replacement with a positive legal charter of workers’ rights, with strong rights to strike and picket. This must include the right to solidarity action with any group of workers, crucial for effective workers’ struggle and more necessary than ever in the era of outsourcing, etc.
b) Strong measures to establish and promote collective bargaining rights and structures, including for sectoral bargaining, throughout the economy;
c) A strong single worker status and other measures tackling use of fake self-employment to deny rights, and two-tier / multi-tier workforces.
Conference calls on the NEC to:
1. Campaign vigorously around implementation of the Employment Rights Act 2025.
2. Launch active campaigning for a second Employment Rights Act, addressing all issues noted above and with particular emphasis on these three central areas.
3. Encourage branches to campaign on both these fronts, providing materials to help do so.
4. Work with other unions on campaigning for a second ERA, to repeal all anti-union laws and advance workers’ rights more broadly; also working with campaign groups including Institute of Employment Rights, Free Our Unions and Campaign for Trade Union Freedom.
5. Work with Labour Link to campaign on this in the Labour Party, including with other Labour-affiliated unions.
(499 words)
Free Our Unions 