Important If You Have 21 or More Workers
The Employment Rights Act 2025 introduces significant reforms to the statutory trade union recognition process in the UK. These changes lower the threshold for unions seeking compulsory recognition and are likely to increase organising activity, particularly among smaller employers.
Employers with fewer than 21 workers remain exempt from the statutory recognition regime. However, the headcount includes all workers, not just employees, meaning casual staff and agency workers may count towards the threshold.
What is changing?
Several important changes to the recognition framework took effect from February 2026.
Lower barriers to recognition
Unions will no longer need to demonstrate to the Central Arbitration Committee (CAC) that a majority vote in favour of recognition is likely before a ballot can take place. This removes a key early hurdle and makes it easier for unions to trigger the statutory process.
Removal of the 40% support requirement
Under the previous regime, recognition required both a majority of votes cast and support from at least 40% of the entire bargaining unit. This threshold has now been abolished. Recognition will be granted if a simple majority of those voting support it, regardless of turnout.
Earlier access to workers
Unions will be able to request access to employees as soon as the CAC accepts a recognition application, rather than waiting until the ballot stage.
Freezing the bargaining unit
Once an application is submitted, the bargaining unit will be fixed. Employers will no longer be able to dilute union support by recruiting additional staff into the relevant group before the ballot.
Stronger rules on unfair practices
The rules governing conduct during recognition campaigns have been significantly strengthened. The restrictions now apply from the moment the CAC accepts an application, and the CAC will only need to determine whether an unfair practice occurred – not whether it affected the outcome of the ballot. In some cases, this could result in recognition being imposed even if a ballot result would otherwise have gone against the union.
Consultation on Access and Electronic Balloting
The government is currently consulting on updates to the Code of Practice on Access and Unfair Practices, as well as the introduction of electronic balloting. The consultation closes on 1 April 2026.
The draft Code proposes expanded union access to workers during recognition campaigns, including workplace meetings, digital communication and written materials. The proposed guidance would increase the frequency and duration of workplace meetings and may require employers to facilitate regular employee access to union representatives.
Electronic balloting will also be introduced in stages, beginning with hybrid voting options and eventually allowing fully electronic ballots.
What Employers Should Do if They Receive a Recognition Request
The statutory process operates to a tight timetable, so employers should act quickly if a union requests recognition. Early legal advice is strongly recommended as soon as any request is received.
If an employer refuses voluntary recognition, the union may apply to the Central Arbitration Committee (CAC) for statutory recognition. Once the CAC accepts an application, the process can move rapidly.
Key stages and deadlines include:
Under the proposed Code of Practice, these arrangements may include regular workplace meetings with employees (potentially every five working days), digital communication with workers, and distribution of union materials. Employers may therefore need to release employees from duties to attend meetings with union representatives during the recognition campaign.
Employers should also be aware that the rules governing conduct during the process are strict. From the moment the CAC accepts an application, both employers and unions must avoid “unfair practices”, such as offering inducements to influence voting, threatening detriment, or engaging in conduct that could be seen as intimidation. The CAC no longer needs to show that such conduct affected the ballot outcome, so even isolated comments by managers could have serious consequences.
There may still be opportunities to respond strategically. For example, employers may wish to consider whether the proposed bargaining unit is appropriate, as the CAC has the power to determine a different unit if the proposed one is incompatible with effective management or would fragment the workforce. A larger bargaining unit may change the voting dynamics significantly.
Given the complexity of the statutory regime and the short response deadlines, employers should seek legal advice immediately upon receiving a recognition request. Early advice can help organisations understand their options, ensure compliance with the strict rules governing communications with employees, and respond effectively within the statutory timetable.
As at Feb 26