Employment Rights Act Policy explainer simplification of trade union recognition, April 2026
The Employment Rights Act became law in December 2025, and the reforms in the Act are being implemented at various points throughout 2026 and 2027.
The second wave of reforms – including changes to Paternity Leave, Unpaid Parental Leave, and bereaved partners’ leave – came into effect in Great Britain in April 2026.
What is changing?
From 6 April, the trade union recognition process has been simplified:
- Only a simple majority required in recognition ballots (removing the previous 40% overall support threshold)
- Removal of the likely majority test when a union submits a recognition application
- Preventing recognition of a non-independent union, in response to a request for voluntary recognition from an independent union, from blocking the independent union’s subsequent recognition application
Further changes to trade union recognition are expected later this year.
What do these changes mean for employers?
With recognition becoming easier, employers should anticipate an increased likelihood of recognition campaigns and collective bargaining.
Employers can prepare for these changes by:
- Reviewing employee engagement strategies
- Ensuring HR and managers understand the new legal framework around union recognition, how to respond appropriately to union approaches, and how to manage recognition campaigns
If you have any questions about these changes, you can reach out to the IoD’s Information and Advisory Service at [email protected]. Full IoD members can access professional advice on HR issues and employment law as part of their membership.