From April 2026, the statutory recognition process is being simplified under the Employment Rights Act 2025. This means it is becoming easier for a union to move through the formal recognition process.
The two headline changes are these: unions no longer need to show that a majority of workers in the proposed bargaining unit are likely to support recognition at the application stage, and where recognition goes to a ballot, only a simple majority of votes cast is needed. The old rule requiring support from at least 40% of the bargaining unit is being removed.
For employers, that matters whether you are already dealing with trade unions or not. This changes the balance of the formal recognition route, which means employers with little or no existing union presence should still pay attention. Acas state that the process for how a trade union can be recognised in a workplace is being simplified from 6 April 2026, with a revised code of practice expected later in the year.
What is trade union recognition?
Before getting into what has changed, it helps to strip this back.
Trade union recognition usually means an employer formally recognises a union for collective bargaining on behalf of a defined group of workers. That group is called the bargaining unit.
Recognition can happen voluntarily, but where agreement cannot be reached, a union can apply for statutory recognition through the Central Arbitration Committee, often shortened to the CAC. The April 2026 reforms sit within that statutory route.
That does not mean a recognised union suddenly controls every workplace decision. But it does mean the employer is dealing with a more formal industrial relations structure. For some businesses, that will be familiar. For others, it will be a new way of working altogether.
What is changing from 6 April 2026?
Key changes:
- Unions now have a 10-day notice period to inform employers of their intention to take industrial action (reduced from 14 days).
- Ballots approving industrial action have a 12-month mandate (increased from 6 months).
- Unions are no longer required to reimburse employers for check-off administration in the public sector.
- Unions are not required to appoint a picket supervisor to monitor picket lines.
- Employees are protected from unfair dismissal for taking part in industrial action, whatever the length of the strike action (due to removal of the 12-week cap).
- Unions are required to include less information than previously in industrial action notices and industrial action ballot notices.
- Public sector employers are no longer required to publish facility time.
What has already changed before April?
This is where it helps to separate trade union recognition from wider trade union reforms.
From 18 February 2026, several changes around industrial action ballots and union activity already took effect. These include a shorter notice period for industrial action, longer mandates for action, simpler ballot notices, and stronger protection from unfair dismissal for taking part in official industrial action. Acas also confirms that the 40% support threshold in important public services was removed from 18 February 2026, while the 50 turnout threshold for industrial action ballots remains in place until at least August 2026.
That matters because some employers are hearing a lot about trade union reform at the moment and assuming it all changes at once. It does not. The recognition process changes start on 6 April 2026. Electronic balloting is part of a later phase, not this month. Government is still consulting on the revised recognition code of practice and on safeguards around unfair practices in electronic recognition and derecognition ballots, with that consultation closing on 1 April 2026.
What is still coming later in 2026?
This is the bit employers should not mix up.
Acas says an updated Code of Practice on trade union recognition is expected in October 2026. It also says October will bring a wider new duty on employers to inform workers of their right to join a trade union, updated workplace access agreements, and new rights around reasonable accommodation and facilities for trade union representatives.
So the practical takeaway is simple: April is not the whole picture. It is the first major recognition change, with more industrial relations reform still to come.
What should employers do now?
First, review whether your organisation has any existing industrial relations strategy at all. If you have never had to think much about trade union members, recognition applications or a proposed bargaining unit, this is the moment to start. The legal process is becoming easier to access, and that means doing nothing is not much of a strategy.
Second, look at your employee voice structures. Employers often talk about engagement in general terms, but where staff feel ignored, formal union organising can become more attractive. This is not about trying to block people from choosing union representation. It is about making sure concerns are heard early and handled properly.
The bottom line
For employers, this is one of those updates where the technical wording hides a straightforward message. If your workforce relations are weak, if your managers are not used to dealing with union issues, or if you assume union recognition is something that only happens somewhere else, this is worth paying attention to now.
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