From 6 April 2026, the UK’s statutory trade union recognition process has been simplified under the Employment Rights Act 2025. The Central Arbitration Committee confirms unions 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. (gov.uk)
Removing the previous requirement that at least 40 per cent of the bargaining unit vote in favour aligns with legislative changes described by the House of Commons Library; the result is that a simple majority of votes cast will now secure recognition where a ballot is held. (researchbriefings.files.parliament.uk)
At the admissibility stage, evidential burdens change. Petitions or similar proof of likely majority support are no longer required. However, applications must still demonstrate that the ‘required percentage’ of the bargaining unit are union members-currently 10 per cent-according to the CAC’s April 2026 application form. (gov.uk)
The CAC has released April 2026 versions of both the Part I application and the employer response documents. The application form makes clear that a copy of the union’s formal request to the employer and any employer reply must accompany the filing, otherwise the application will be rejected. (assets.publishing.service.gov.uk)
Some procedural bars remain. Where an employer proposes ACAS assistance within the prescribed period and the union rejects or does not respond within 10 working days, an application to the CAC cannot be made; the April 2026 application form restates this position. (assets.publishing.service.gov.uk)
Confidentiality expectations are reiterated. The updated form advises against attaching membership lists and notes that, if membership levels or support are disputed, the CAC may conduct a confidential verification handled by a Case Manager rather than exchanging personal data between the parties. (assets.publishing.service.gov.uk)
Implementation is staged across 2026 and 2027. The government timetable confirms that simplifying recognition took effect on 6 April 2026, with electronic and workplace balloting for statutory trade union ballots from August 2026 and for recognition and derecognition ballots in 2027. (gov.uk)
For ongoing cases and new applications alike, the immediate practical effect is that recognition ballots turn on votes cast rather than an absolute share of the bargaining unit, and unions do not need petitions at the gateway stage. The membership threshold remains 10 per cent for now, though ministers may vary this between 2 and 10 per cent by regulations. (gov.uk)