Trade Union Rights Are Changing – Here’s What You Need to Know

18th June 2026

Alicia Collinson

Two changes on trade union rights could impact your organisation sooner than you think, and one of them is already in force.

Here’s the short version of what’s happening, and what you should be doing about it.

Recognition has become easier for unions

Since 6 April 2026, it’s become significantly easier for a trade union to gain formal recognition at your workplace through statutory recognition (imposed by the Central Arbitration Committee (CAC)). Statutory recognition requires collective bargaining with the trade union on behalf of workers in relation to pay, hours and holiday.

Previously, where employers did not agree to voluntary recognition, unions had to clear two hurdles before applying:

(1) they needed at least 10% of the workers in the proposed bargaining unit to have union membership; and

(2) evidence that a majority of these workers would likely back them.

That second test is now gone. A 10% membership is all it takes to get the process started.

The 10% membership has also become more flexible. Whilst it is initially set at 10%, it may be reduced to as little as 2% (to be determined and confirmed in regulations still to come).

If it goes to a ballot, the old 40% threshold (where a union needed at least 40% of workers in the bargaining unit to participate in the vote, and to vote in favour of it, to succeed) has been scrapped too. Now, a simple majority of those who actually vote is enough; there is no minimum level of turnout required.

What does this mean for you? Applications are lower risk for unions and recognition is easier to secure, meaning it’s more likely than before that a request for a union to represent your workers will land on your desk.

If you’ve already received one, or suspect one is coming, don’t wait. Taking early advice on the practical consequences of union recognition and how to manage this can make a real difference.

There may also be an opportunity to consider a voluntary approach where recognition appears likely. A well-managed voluntary agreement avoids the statutory process and could ultimately provide more flexibility.

A brand-new right for unions to access your workplace

Currently, a union can only come into your workplace to meet, represent, recruit or organise workers if you voluntarily agree. From October 2026, any independent trade union can make a formal access request using a statutory procedure, even if they have no members on your site and you’ve never spoken to them before.

This applies to any employer with 21 or more workers.

The requested access can be in person (using a meeting room, for example) or digital (i.e. emails or video calls to workers). Once a request is made, you will have 15 working days to respond in writing on the prescribed template. You can’t simply ignore it; if you don’t reply, the union can go straight to the CAC, which will determine the access request itself.

If you reject the request, you will be required to enter a negotiation period (lasting 25 working days) during which there is an expectation to seek to agree some form of access. If no agreement is reached at the end of this period, again, the CAC will determine the access request.

Ultimately, this means it will be very hard for most employers to reject access requests altogether.

Penalties for non-compliance start at £75,000 and can reach £500,000 for repeated breaches.

The good news? There’s still time to get ready. If you start building an internal process for managing requests now; deciding who will handle requests, who has authority to make decisions on the response, and what terms you could potentially accommodate, you’ll be in a much stronger position when October arrives.

How Thrive can help

Whether you’re thinking about this for the first time or already dealing with a recognition request, we can help. Here’s what that looks like in practice: