Archive

The Employment Rights Act 2025 introduces major reforms to trade union law. Some provisions took effect in December 2025 and February 2026, but this factsheet focuses on the changes taking effect on 06 April 2026, when the Act will streamline and simplify the statutory trade union recognition process.

Recognition requirements under current legislation

• Under the current legislation, the Central Arbitration Committee (CAC) (which deals with applications for union recognition where an employer refuses to recognise along with other collective disputes regarding provision of information and information and consultation arrangements) can only accept an application for statutory trade union recognition if the union is able to show that they have a 10% membership of the proposed bargaining unit; and
• The union must also demonstrate at the application stage that there is likely to be majority support for trade union recognition in the subsequent ballot
• If a recognition ballot is held (which may not necessary if the majority of the bargaining unit are union members), for the union to win, it must then obtain a majority in a recognition ballot and further, in that ballot, at least 40% of the workforce in the proposed bargaining unit must support recognition

What is changing?

• As of 06 April 2026, the Act will remove the existing requirement for unions to have the support of at least 40% of the workforce in the proposed bargaining unit in a trade union recognition ballot. Unions will only require a simple majority of those voting to win
• Unions will also no longer be required to demonstrate to the CAC at the application stage that they are likely to win a recognition ballot. They will only need to show the CAC that they have 10% membership of the proposed bargaining unit for their application to be accepted; and
• Notwithstanding the continuing requirement to demonstrate 10% membership of the proposed bargaining unit (above), the Act provides a power which enables regulations to be issued, varying the 10% membership requirement on application in the future, within parameters of 2% to 10%

What do the 06 April 2026 changes mean for employers?

Together, the changes significantly reduce the “bar” for a union to get over to achieve recognition. All that is needed is a 10% membership within the bargaining unit and, where a ballot is required, a majority of those voting vote in favour. In short, every vote will count. No votes will not be treated as a vote against.

By way of example, an employer with a proposed bargaining unit of 200 people, could end up with recognition for the entire 200 people, where only 20 employees are members of the relevant union and where, for example, only 50 people turn up to vote, 25 vote in favour.

This process may become even more concerning for employers should regulations be introduced to reduce the 10% membership threshold.

As such, with a general election planned no later than 2029 and a potential short period of time for the unions to take advantage of the rule changes, employers can expect to see a greater number of recognition campaigns, and a quicker resolution to the recognition process. The changes are likely to result in greater likelihood of unions successfully gaining recognition in workplaces in which they have moderate support.

What should employers do now?

1. Understand the revised recognition process

Employers should ensure that they fully understand the revised recognition process and how to respond to union approaches. If unsure, then take urgent legal advice as soon as a letter is received requesting recognition – timeframes to deal with this are tight.

2. Consider engagement

Employers should communicate transparently with staff. Where employees feel informed and respected, they are less likely to consider that unionisation is necessary and their only choice. However, employers should not seek to dissuade staff from seeking union recognition. Further, a worker has the right not to be subject to detriment or dismissal on the grounds that, amongst others, they acted with a view to obtaining recognition or indicated that they supported recognition of a union.

3. Voluntary recognition

Employers who consider that they will be successfully approached by trade unions may decide to engage with them voluntarily now, as opposed to encountering mandatory recognition later on. Advice on negotiating the terms of a recognition agreement is highly recommended.

4. Prepare for more regular collective bargaining

Employers should consider how collective bargaining might impact areas inclusive of pay and hours of work.

Other trade union related measures

Whilst this factsheet focuses on the change to legislation as of 06 April 2026, there are other legislative changes related to trade unions which have already come into force, the earliest being the repeal of the Strikes (Minimum Service Levels) Act 2023 back in December 2025 when the bill received royal assent.

There were several measures which took effect as of 18 February 2026, a further change taking place on April 1 which shall repeal the levy that trade unions and employer associations pay to the Certification Officer, and more changes to come.

More notably, as of October 2026, employers will be placed under a duty to inform workers of their right to join a trade union. This will affect all employers, and employers will be required to provide workers with a statement at the same time as providing the Section One Statement (therefore on or before the first day of work) and at other prescribed times. We await legislation to determine what this statement must cover, the format, and the manner in which it must be given.

If you require any advice on the recognition process, how to respond to union approaches, or how to manage recognition campaigns, please feel free to contact AfterAthena (part of the Napthens Group) who are able to offer 30 minutes of free advice to QCS members.