From 6 April 2026, the statutory trade union recognition procedure will be simplified under the Employment Rights Act 2025. The Central Arbitration Committee (CAC) states unions will no longer need to show that most workers in a proposed bargaining unit are likely to support recognition, and ballots will be decided by a simple majority of votes cast, removing the rule that at least 40% of the entire bargaining unit must vote in favour. The update was published on 4 February 2026. (gov.uk)
Under the current framework in Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992, recognition following a ballot requires both a majority of those voting and at least 40% of the bargaining unit voting in favour; government guidance for employers confirms this threshold and associated ballot procedures. From April, the 40% bargaining‑unit requirement falls away, with outcomes determined by a simple majority of votes cast. (legislation.gov.uk)
The Department for Business and Trade’s implementation timeline places these changes within a wider 2026–27 programme: repeal of most of the Trade Union Act 2016 from 18 February 2026; simplification of the recognition process from 6 April 2026; electronic and workplace balloting for statutory trade union ballots from August 2026; and further measures on recognition practices from October 2026, with recognition and derecognition e‑balloting scheduled for 2027. (gov.uk)
For unions, scrapping the ‘likely majority’ test lowers the evidential burden at the admissibility stage. Organising efforts can be focused on turnout in a single, secret ballot rather than assembling petitions or equivalent proof in advance. Moving to a simple‑majority threshold shifts emphasis to mobilisation, which can be decisive in large or multi‑site workforces. (business.gov.uk)
For employers, the CAC’s practical requirements remain central. Employers must provide accurate worker lists for the bargaining unit, allow reasonable access for union communications and share ballot costs with the union. These obligations sit alongside the new thresholds and should be reflected in internal industrial relations protocols and training. (gov.uk)
Government business guidance also indicates that voluntary recognition of a non‑independent union will no longer block a later recognition application from an independent union. This is intended to prevent the use of non‑independent recognition to pre‑empt statutory recognition by an independent union. (business.gov.uk)
Transitional provisions will apply to cases that begin under the Trade Union Act 2016 but remain live after 18 February 2026. Departments have flagged updated Codes of Practice covering industrial action ballots, notices and picketing; organisations should ensure documentation and timelines reflect post‑February requirements. (business.gov.uk)
Electronic and workplace balloting for statutory trade union ballots is scheduled from August 2026, with e‑balloting for recognition and derecognition ballots to follow in 2027. If implemented to this timetable, participation dynamics and administrative costs in recognition campaigns are likely to change. (gov.uk)
Over the coming weeks, employers should map potential bargaining units, verify headcounts and worker status for CAC purposes, and put lawful processes in place for sharing contact data and facilitating campaign access. Unions may revisit workplaces where the former 40% rule constrained ballots and plan for tighter timelines once the simple‑majority test applies.