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From April 6, 2026, the UK’s statutory trade union recognition process will become significantly easier for unions to navigate. Employers, particularly in non-unionised sectors, should prepare for more recognition requests, faster ballots, and a more active industrial relations environment.
The current recognition landscape
Statutory recognition has never been an easy route for unions. To get an application to the Central Arbitration Committee (CAC) off the ground, a union must show it has enough members in the proposed bargaining unit and credible evidence of wider support. If the union doesn’t already have majority membership in that unit, the process moves to a ballot—one that can be tripped up by turnout rules, even where there is plenty of support.
These procedural obstacles are one factor behind the modest levels of union membership and bargaining coverage, particularly in the private sector, where only around 12% of workers are union members and around 20% are covered by collective agreements. As a result, most recognition still happens voluntarily, and the statutory process is often seen as the slower, more technical back up option, which in turn keeps CAC applications relatively low.
What’s changing?
The Employment Rights Act 2025 will shift the dynamic by lowering procedural barriers to statutory recognition and streamlining the process. Here’s a snapshot of the key changes:
| Issue | Current position | Position from April 6, 2026 (or later) |
| Threshold to apply to CAC | At least 10% of workers in the proposed bargaining unit must be union members. | Regulations may amend this threshold to between 2% and 10%. |
| Support requirement | Union must show a majority of the bargaining unit is likely to support recognition. | Requirement removed. |
| Ballot requirement | Ballot typically held if fewer than 50% of the bargaining unit are already union members. | No change to when a ballot is triggered. |
| Ballot outcome | Majority “yes” and those votes must represent at least 40% of the bargaining unit. | Simple majority of votes cast (no 40% turnout threshold). |
| Bargaining unit size/timing | Employers can recruit post application, potentially diluting the unit before a ballot. | Bargaining unit size is fixed when the CAC receives an application; it cannot increase but may decrease through normal attrition. Commencement date to be confirmed. |
| Balloting method | More limited postal and workplace balloting methods; processes can be slower and costlier. | Secure electronic and workplace balloting (expected from August 2026), likely increasing participation and speed. |
Currently, recognition cases average around 22 weeks from start to finish, with ballots usually held within about 20 working days of appointment. The introduction of electronic and workplace balloting should further accelerate the process.
A combined impact to empower unions
From October 2026, employers must give workers a written statement confirming their right to join a trade union, making these rights clear from day one. Employers will also need to grant unions new workplace access rights from then—see our blog Opening the doors: a new era for union workplace access. In uncertain economic times, workers may be more likely to seek collective representation on pay, job security, and organisational change. Combined with lower recognition thresholds and faster balloting, these measures are expected to increase awareness, participation, and recognition requests.
What to expect and what to do now
There will be consultation on the detailed framework. Employers should anticipate more recognition requests, more ballots, and tighter timelines, often alongside new workplace access requests that unions may deploy to recruit, organise and evidence support.
Against that backdrop, there are some practical steps you can take now to put yourself on the front foot. These include:
- clarifying internal responsibilities, including who will receive, triage, and negotiate recognition requests
- identifying business areas where requests are most likely, considering factors such as existing union presence, collective issues or disputes, and upcoming organisational change
- developing your negotiation strategy, including your approach to voluntary recognition proposals and which terms are negotiable or non-negotiable
- ensuring familiarity with the statutory process, so the business can respond promptly and appropriately if a request is made
- refreshing internal processes for handling recognition activity, including how information will be captured, assessed and communicated
- equipping key teams with the skills and guidance needed to engage lawfully, consistently and constructively throughout any campaign.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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