Do you have a trade union presence at your site? If the answer’s no, then it may well be you haven’t heard about the reforms relating to trade unions as part of the Employment Rights Act 2025. But even if you haven’t had any previous trade union involvement it’s vital you’re aware that the changes taking place could potentially affect your business.
Understanding trade union recognition
If trade union recognition isn’t something you’ve much experience of, then here’s a brief overview of the key points.
Trade union recognition happens when an employer formally recognises the union as representing a certain group of workers on specific employment issues. The types of issues are to some extent determined by the recognition route. Voluntary recognition is when the employer has agreed it with the trade union. It usually results in union involvement in a wider scope of issues. Statutory recognition is when it’s imposed on the employer following an application by the union to the Central Arbitration Committee (CAC). This route usually happens after a request for voluntary recognition hasn’t succeeded.
How did a trade union secure statutory recognition?
Prior to April 2026, there were various requirements in place before a trade union could request statutory recognition. Even before being allowed to hold a ballot, unions needed to provide evidence that a minimum of 10% of workers in the group they’d be representing (the bargaining unit) were members.
If a recognition ballot went ahead, at least 40% of the total number of workers in the bargaining unit had to vote in favour of it. And the majority of voters (which might be less than the total number of workers in the bargaining unit) had to vote in favour.
Reforms to the statutory recognition process
Several changes have now been introduced that make it significantly easier for unions to be recognised.
The hurdle of needing to prove the likelihood of majority support has been removed. That will help unions reach the ballot stage more easily. The 10% membership rule has also changed by allowing secondary regulations to reduce that figure – potentially to just 2%. And the requirement for a minimum 40% of the whole bargaining unit voting in favour has gone. Now it’s simply based on having the majority of ballot votes. That’s irrespective of how many people in the bargaining unit take part in the ballot.
This is a significant shift. Previously a small minority of union supporters in the bargaining unit would have struggled to get their union recognised. But now the thresholds are very different. A lack of worker engagement and therefore voter turnout is far less likely to lead to an unsuccessful recognition attempt than previously.
Trade union rights of access
Another important change to be aware of is changes to unions’ rights to access to the workplace – both physically and digitally.
A draft code of practice has been published by the Government, with a consultation taking place until 20 May 2026. The rights give unions access for several different purposes like organising and supporting workers and conducting collective bargaining. They can access sites for meeting workers and recruiting new members. The access purposes don’t however include for organising industrial action.
The draft code is designed to give the specifics about exactly how this’ll work in practice. But it’s clear it will be easier for unions to engage directly with employees at most sites if they wish. Even for employers who are mainly remote, the rights will extend to letting trade unions engage digitally with workers. While voluntary access is strongly encouraged, there’s now a formal process in the event of that not happening. Ultimately, the CAC could get involved.
What else does the Code contain?
The draft code covers a lot of detail always with an emphasis on ‘reasonable steps’. It outlines requirements in terms of meeting arrangements (and that it should reflect an employer’s usual way of communicating with employees). It acknowledges the need for employers to fulfil responsibilities for security, health and safety and safeguarding. The code also covers practicalities like timing and frequency – and what will happen if businesses don’t comply. There will be a stepped maximum penalty regime that could incur penalties of up to £500,000 if there are repeated breaches.
Is there anything you need to do now?
You might think this is all unlikely to apply to your business but the chances of being approached by a trade union have increased. And it makes sense to be ready for it if it did happen.
That involves familiarising yourself with the code. Think about how you currently communicate with employees to deal with their concerns; a proactive approach might reduce the likelihood of ending up having to go through a statutory recognition process. Think about how you can facilitate access if asked – does there need to be a designated point of contact? What facilities could you make available for such a meeting to take place? This might all feel daunting especially if you’ve never dealt with trade unions before. But a positive attitude, engaging with trade unions in the spirit of working with them rather than against them, will inevitably be a better approach to take.
Get in touch today
Irrespective of whether you’re unionised or not, these changes will have implications for many companies. Even if trade unions haven’t engaged with you previously, the odds of them doing so are increasing. We can provide you with advice about what you need to do to comply with these changes. If you’re concerned about the steps you need to take, please do contact us.
