How April 2026 Trade Union recognition changes affect Employers

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.

What are the immediate changes?

The April reforms are intended to simplify the trade union recognition process.

In practical terms, this means:

• Lower thresholds for unions to bring applications
• A greater likelihood that recognition will be achieved

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.

In more detail

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:

• At least 10% of workers in the proposed bargaining unit were union members
• There was likely to be majority support for recognition

The CAC could then either grant automatic recognition or order a ballot. For a successful ballot outcome, unions needed:

• A majority of votes cast; and
• At least 40% of all workers in the bargaining unit to vote in favour

This framework has now changed:

1. The 10% threshold remains for now but has been replaced by a new “required percentage” test. While currently set at 10%, it could be reduced to as low as 2% through future regulations, making recognition easier to achieve.
2. The requirement to demonstrate likely majority support has been removed, simplifying the application process for unions.
3. The 40% support threshold in ballots has been abolished, meaning only a simple majority of votes cast is now required.

What does this mean for employers?

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.

What should employers do now?

• Review current levels of union engagement and assess where approaches may arise
• Prepare for potential recognition requests, noting that timescales may be short (with indications of a 15-day response window)
• Consider whether voluntary recognition could offer greater flexibility and control than the statutory process
• Strengthen employee engagement through forums and feedback mechanisms, reducing the likelihood of successful union campaigns