Trade union law changes from April 2026: what you need to know

April 2026 sees more of the ongoing reforms in the sphere of industrial relations under the Employment Rights Act 2025. 

This article, the second in the series, takes a look at the changes that will be introduced in April 2026, particularly in relation to the statutory recognition scheme, and the key implications for employers.

To read the previous article on the February changes, click here.

Removal of the ‘likely support’ requirement

Currently, the Central Arbitration Committee (CAC) can only accept an application for statutory trade union recognition if it is satisfied that at least 10% of workers in the proposed bargaining unit are members, and that a majority of workers in the bargaining unit would be likely to be in favour of recognition entirely.

From 6 April, unions will no longer need to demonstrate that a majority of workers in the proposed bargaining unit are likely to support recognition. The government will also have the power to make regulations reducing the membership threshold to between 2% and 10%.

Simple majority voting

Where recognition is decided by ballot, a union will only need a simple majority of votes cast, rather than meeting the previous requirement for 40% of eligible workers to vote in favour.

These changes, taken together, significantly increase the likelihood of successful recognition applications and reduce the procedural barriers which currently face unions seeking statutory recognition. As a result, employers can expect to see a greater number of recognition campaigns, swifter resolution of the recognition process, and a greater likelihood of a union securing mandatory recognition in workplaces where it has moderate, but not necessarily majority, support.

Consultation

On 5 February, the government published a consultation on the draft recognition code of practice and e-balloting unfair practices.

The current code of practice has been redrafted to reflect the new changes to the recognition procedure, and the government is seeking views on the draft code before it is brought into effect. The consultation also focuses on electronic balloting which, when implemented, will apply to recognition and derecognition ballots, as well as to ballots for industrial action.

Before e-balloting is allowed for recognition and derecognition ballots, the government wants to ensure that the necessary safeguards are in place to stop interference or irregularities in them. The consultation therefore seeks views on its proposals to legislate for new unfair practices to prevent interference in electronic recognition and derecognition ballots.

The consultation closes on 1 April.

What to take away

The  April 2026 changes mark a turning point for workforce relations and reflect a deliberate policy shift on the part of the government, enabling unions to organise and secure recognition more easily and quickly. The removal of support thresholds, combined with streamlined voting rules, will make recognition applications more common and more difficult for employers to resist. Together with the changes introduced in February, primarily relating to balloting and industrial action mandates, employers across all sectors should expect to see increased union activity.

For employers accustomed to stable employee relations or limited union engagement, this may represent a significant change.

Practical steps

• Review employee engagement strategies

With recognition becoming easier, strong and transparent communication with staff will be crucial to maintaining trust. Employers may wish to engage voluntarily with unions now, rather than have mandatory recognition enforced on them further down the line.

• Ensure HR and managers are prepared

Employers should ensure that HR and management understand the new legal framework around union recognition, how to respond appropriately to union approaches, and how to manage recognition campaigns.

• Anticipate more frequent collective bargaining

All employers, including those without current union involvement, should assess how collective bargaining might impact such areas as pay, working conditions, and organisational flexibility, and whether internal governance and HR structures are prepared for this change.

• Respond to the consultation

Employers can take the opportunity to shape the future of recognition procedures and e-balloting by giving their views by 1 April.

For further information, please contact Binder Bansel or your usual contact in the Penningtons Manches Cooper employment team.