From 6 April 2026, UK union recognition decisions move to a simpler ballot test under the Employment Rights Act 2025. Recognition now rests on a simple majority of votes cast in a Central Arbitration Committee (CAC) ballot, replacing the previous requirement that at least 40 percent of all eligible workers in the bargaining unit voted yes.

Pre‑ballot evidence thresholds have also gone. Unions no longer need to show that most workers in the proposed bargaining unit are likely to support recognition-so petitions and similar proof are no longer required. For HR teams, this shifts attention from procedural skirmishes to the conduct and turnout of the ballot itself.

Consider a 300‑employee bargaining unit. If 160 people vote and 81 vote in favour, recognition would now be granted because yes beats no. Under the former 40 percent rule, the union would have needed 120 yes votes regardless of turnout, so the same result would have failed. Lower‑turnout ballots can therefore produce decisive outcomes.

For smaller sites the swing is just as clear. In a 220‑person unit with 110 votes cast, 56 yes votes would secure recognition. Previously, the threshold would have been 88 yes votes, meaning a close race could have been lost despite a majority on the day.

Paperwork has been refreshed to match the law. The CAC Application and Employer Response documents under Part 1 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 must be used for all new cases lodged from 00:00 on 6 April 2026. Applications that omit the required request letter-and, where relevant, the employer response-will be rejected according to the government notice.

For employers, the practical playbook starts with housekeeping. Map current bargaining units, ensure headcount data, job titles and site structures are accurate, and keep records clean. When a request arrives, have a clear internal route for who acknowledges it, who liaises with the CAC and how documents are signed off inside tight timelines.

Communication discipline matters. Managers should be briefed to keep messaging factual, avoid coercion and log queries. Many firms prepare neutral FAQs so staff understand the process, ballot timetable and what recognition does and does not change on day one.

Budgeting needs a refresh. Treat 2026 as a year when recognition may move faster and model the first bargaining cycle-covering base pay, overtime premia, scheduling rules and facility time. If you have peak trading windows, plan staffing for potential ballot periods now rather than compress decisions later.

SMEs without in‑house counsel should line up external advice on the revised CAC forms. The April 2026 Application and Employer Response templates are straightforward, but a missing attachment or late return can stall progress at the outset.

The direction of travel is fewer hurdles and clearer votes. Our take: shift effort from contesting petitions to turnout, clarity and compliance. The law is already in force; clean data, quick responses and measured communication will do more for outcomes than procedural point‑scoring.