Trade Union Recognition
From 6 April 2026, the process for a trade union to obtain statutory recognition will be simplified. At the application stage, unions will no longer be required to demonstrate that there is “likely” to be majority support for trade union recognition in the bargaining unit for which recognition is sought, and the requirement for the union to have 40% of the balloted constituency voting in favour of recognition in a recognition ballot will also be repealed. Under the ERA 2025, a recognition ballot will succeed if a simple majority of those voting in favour.
The ERA 2025 also gives the government the power, through future secondary legislation, to reduce the required threshold for existing union membership in the bargaining unit when a recognition application is made to as low as 2%. Finally, employees recruited after the CAC receives the union’s application will not be eligible to vote in the recognition ballot or be counted towards the number of workers in the bargaining unit for recognition purposes. This measure should limit employers’ ability to undermine union recognition applications in future by seeking to recruit staff to dilute union density.
Visit our main Employment Rights Act Hub for further information.