Statutory Recognition Procedures

From 6 April 2026, the rules governing statutory union recognition applications were amended to simplify the process. Key changes include:

  • Unions no longer need to show at the application stage that the majority of workers in the proposed bargaining unit are likely to support recognition.
  • The government was afforded the power to reduce the required threshold for union membership to as low as 2% of the proposed bargaining unit at the time the application is made through future secondary legislation. At present, at least 10% of the proposed bargaining unit have to be union members. As matters stand however no secondary legislation of that nature has been implemented.
  • Unions now need only secure majority support among those voting in the final ballot, removing the previous requirement for support from 40% of the entire bargaining unit.
  •  A new Paragraph 35 (5A) is introduced into the Trade Union and Labour Relations (Consolidation) Act 1992 that prevents an employer from entering into an arrangement (a “sweetheart deal”) with a non-independent union within a prescribed timeframe in order to block a recognition application of an independent union.

In October 2026 further changes will be made to the process. Most notably this will include:

  • A requirement on an employer to provide information about workers in the bargaining unit within 5 days of receiving the recognition application as opposed to the existing provision that only requires it to be done 5 days after the application has been accepted by the CAC.
  • Only workers in the bargaining unit on the date the application was made can vote to determine the question of recognition. This prevents the employer from “flooding the bargaining unit” after the application is made in order to try and unduly influence the election outcome which is currently permissible.
  • A right will be introduced for the union to obtain access once the application for recognition is accepted. This again brings that step forward as access is currently restricted to only arising once the CAC has made a decision that a ballot is required to determine the question of recognition.
  • The changes to Unfair Practices that currently apply during the ballot process for recognition will also apply from when a recognition application is commenced.

All of these changes are positive steps forward in terms of assisting trade unions making applications for statutory recognition. Whilst the overall legislative framework that has to be adhered to remains a relatively complex one, some significant hurdles have been removed which previously have prevented such applications succeeding.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

Visit our main Employment Rights Act Hub for further information.