Trade Union Recognition Reform: What Employers Need to Know

Significant changes to trade union recognition are due to take effect later this year as part of the Government’s wider programme of trade union reform under the Employment Rights Act 2025. Employers, particularly those with little or no existing union presence, should start considering now how they would respond both to union access requests and recognition campaigns.

A new right of workplace access

From 30 October 2026, trade unions will gain a new statutory right to seek access to workplaces for the purposes of meeting, recruiting, organising and representing workers. Importantly, a union will not need to demonstrate existing membership within the workforce before seeking access. The reforms are specifically intended to allow unions to build support within workplaces where they may currently have little or no presence.

Where a union submits a formal access request, employers will have limited time to respond to and negotiate arrangements. If agreement cannot be reached, the union may apply to the Central Arbitration Committee (CAC), which will have the power to impose access arrangements. Government guidance and the draft Code envisage a strong presumption in favour of access, making it difficult for employers to refuse requests entirely, although the practical terms of access may still be negotiable.

Easier route to statutory recognition

Alongside the new access rights, the statutory recognition framework is being simplified. One of the most significant changes is the removal of some of the hurdles that previously made compulsory recognition applications more difficult for unions to pursue.

In particular, reports on the reforms indicate that the previous requirements for unions to demonstrate a likelihood of majority support before progressing a recognition application is being relaxed, and the well-known requirement for at least 40% of the bargaining unit to vote in favour of recognition has been removed. This means that future recognition campaigns may succeed with lower levels of workforce engagement than was previously required.

The practical effect is that employers are likely to see recognition applications progressing further and more frequently than under the previous regime, particularly where a union has first used the new access rights to establish a presence within the workforce.

A new duty on employers

The reforms also introduce a new obligation on employers to inform workers of the right to join a trade union. Although the detailed requirements are still being implemented, employers should expect to review onboarding materials, staff handbooks and employee communications to ensure compliance once the new provisions come into force.

What should employers do now?

For many employers, the greatest risk is not unionisation but a lack of preparation. Managers may be unfamiliar with the recognition process and unsure how to respond if approached by a union official seeking workplace access.

Employers should therefore consider: 

• • Reviewing existing employee relations and engagement arrangements
  • Ensuring managers understand the distinction between an access request and a recognition application
  • Identifying who within the organisation will respond to any union correspondence
  • Reviewing policies and communications that may need to be updated to reflect the new statutory rights 
  • Taking advice at an early stage if a union makes contact

Key takeaway

The upcoming reforms represent the most significant expansion of trade union rights for many years. The combination of workplace access rights, a simplified recognition process and new employer information duties is likely to increase union activity, particularly in previously non-unionised workplaces. Employers who take time now to understand the new framework and develop a response plan will be far better placed than those encountering a union access request for the first time after 30 October 2026.

For more information or guidance on how this reform could affect your business, please get in touch with our employment team.