April 2026 reforms simplify trade union recognition, lowering barriers for unions. Further October changes will expand access rights, meaning employers should prepare now.
Employment Law & HR|29 April 2026
Insight
From 6 April 2026, changes to the statutory trade union recognition process came into force. These changes will have a growing impact on employers, particularly ahead of further reforms expected in October 2026.
Those forthcoming changes will allow unions to approach any employer for recognition and gain access to workplaces. The only exemptions will be employers with fewer than 21 staff and those operating in national security or similarly sensitive sectors.
The April reforms are intended to simplify the trade union recognition process.
In practical terms, this means:
These changes apply only to applications received by the Central Arbitration Committee (CAC) on or after 6 April 2026, with transitional protections for applications already in progress.
Where an employer refuses to voluntarily recognise a trade union, the union can apply to the Central Arbitration Committee (CAC) for statutory recognition.
Previously, unions were required to demonstrate that:
The CAC could then either grant automatic recognition or order a ballot. For a successful ballot outcome, unions needed:
This framework has now changed:
For non-unionised employers, these changes increase the likelihood of union approaches. Smaller groups of union members can now have a greater impact, as recognition requires fewer supporting votes.
Employers who have previously faced union approaches may find renewed attempts are made under the simplified framework.
However, the most significant reforms are expected in October 2026, when legislation is anticipated to introduce a legal obligation for union access to workplaces. This will include both physical and digital access.
Consultation is currently underway on the government’s draft code of practice, which provides further detail on access arrangements, notice requirements and practical implementation.
Additional changes to electronic and workplace balloting are also anticipated in 2027.
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