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ARTICLE · 27 OCTOBER 2026

Trade Union Recognition

Paris Smith LLP
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The Employment Rights Act 2025 introduces significant reforms to trade union recognition procedures, lowering barriers for unions seeking formal acknowledgement from employers. These changes eliminate several hurdles that previously made it challenging for unions to gain recognition, particularly when facing employer resistance or unfair practices during the recognition process.

United KingdomEmployment and HR
Claire Merritt
Claire Merritt
Shannon Montford
Shannon Montford

What is Trade Union Recognition?

Trade union recognition is a formal acknowledgement by an employer that a trade union represents a large proportion of the workforce. This is often referred to as a bargaining unit.

Recognition gives a union the ability to engage in collective bargaining, which allows them to negotiate directly with the employer over key working conditions.

Where an employer refuses to recognise a trade union voluntarily, the union has the ability to apply to the Central Arbitration Committee to obtain statutory recognition. They need to show they have 10% membership of the proposed bargaining unit and are likely to have a majority in the subsequent trade union ballot. In order to win, it must then obtain a majority in a recognition ballot and 40% of the workforce in the proposed bargaining unit must support union recognition.

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