On 30 October 2026, the remaining trade union recognition changes in the Employment Rights Act 2025 (c.36) come into force, alongside a revised statutory Code of Practice on access and unfair practices during the recognition and derecognition process. The new Code replaces the 2005 version. If a union applies for recognition at your workplace from Friday, the rules on how you communicate, what access you give and what counts as unfair conduct are different.
What changes
The Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026 bring the rest of section 60 and Schedule 6 of the Act (trade union recognition) into force on 30 October 2026, together with the wider right of trade unions to access workplaces. On the same day, the Code of Practice (Access and Unfair Practices During the Recognition and Derecognition Process) Order 2026 brings the revised Code into effect.
- Earlier protection. Access and unfair practice rules now apply from the point the Central Arbitration Committee (CAC) accepts a recognition, derecognition or bargaining unit application. The Code is clear that unfair practices are not limited to the ballot and can happen earlier in the process.
- More access. The Code says employers should allow the union one meeting of at least 45 minutes (up from 30) for every five working days of the access period. Digital access, such as intranet posts and online meetings, should be considered alongside physical access.
- Later joiners do not count. Workers who join the proposed bargaining unit after the day the CAC receives the application are disregarded. Recruiting into the unit during a campaign will not change the numbers.
- Clearer line on unfair practices. It is an unfair practice to dismiss, discipline or threaten a worker, subject them to any other detriment, offer money or rewards in return for how they vote, coerce them or use undue influence, if the aim is to influence the outcome.
Already in force since April
Some of the recognition reforms started on 6 April 2026. A recognition ballot is now won by a majority of those voting, without the old requirement for at least 40% of the whole bargaining unit to vote in favour. At the application stage, a union must show that its members make up at least 10% of the bargaining unit. The government can lower that figure to as little as 2% by regulations, but has not done so yet.
Who it affects
Statutory recognition only applies where the employer has at least 21 workers, so the smallest businesses are outside the scheme. If you employ 21 or more people, a union can now apply more easily, and you need to know the rules before it happens rather than after.
Applications received by the CAC before 30 October 2026 continue under the 2005 Code, and the new access and unfair practice rules do not apply to them.
Normal management decisions still count
The Code says employers are not prevented from taking disciplinary action or making everyday management decisions just because an application is under way. The key issue is whether the intention of an action is to disrupt or influence the process. Its example of undue influence is suddenly changing a worker's shift pattern before a union meeting, without a good management reason, to make it harder to attend.
You are usually responsible for what anyone you authorise or hire to campaign on your behalf says and does, including consultants. A well-meant comment from a line manager, such as hinting that a pay review depends on the outcome, could be treated as an unfair practice.
The Code itself does not create legal obligations, but tribunals, courts and the CAC must take it into account. In practice, that makes it the standard your conduct will be measured against.
What to do now
- Check your headcount. If you have 21 or more workers, assume the recognition rules could apply to you.
- Brief your managers. Make sure anyone who manages people knows not to threaten, promise, reward or pressure staff in connection with union membership or a recognition bid.
- Plan your response times. The Code expects written reasons within two working days if you refuse an access request, intranet or noticeboard material shared within two working days of the union asking, and any rejection of the union's access proposals preferably within three working days. Decide now who will handle this.
- Keep a record of business reasons. If you need to change pay, shifts or benefits while a process is live, write down the management reason at the time.
- Review your communications. Staff updates, intranet posts and team meetings during a campaign should be factual and balanced.
A union recognition bid does not have to be adversarial. Employers who engage early, stay factual and keep managers on message tend to avoid the costliest disputes. If you would like HR support preparing your managers or responding to a union approach, Trident HR can help.