Changes to trade union recognition thresholds welcomed

For too long, the path to having formal union recognition felt like an uphill battle for many of our members. High membership density, voting thresholds and turnout rules often meant that even when many workers wanted a seat at the negotiating table, they were turned down.

As a part of the latest phase of changes brought about by the Employment Rights Act (ERA) 2026, the barriers to union recognition have been lowered. In this blog, we’ll explore the changes brought in, and how they benefit Community members across the sectors we represent.

How do the changes brought in by the Employment Rights Act affect union recognition?

Lowering barriers for a seat at the negotiating table

Previously, for Community to apply for formal recognition, we had to go through various exhausting processes to even be considered for recognition. The ERA has reduced the thresholds to make collective bargaining more accessible to everyone.

Under the previous rules, at least 10% of a workforce had to be Community members to even start the process. The ERA has now lowered this to just 2%, making it easier for us to get a foothold in the workplaces we represent.

In addition, previously, Community had to prove to the Central Arbitration Committee (CAC) that a majority of the workforce was likely to support a call for recognition, even before a ballot happened. Now, that requirement has been removed, allowing the democratic process of a ballot to speak for itself.

Ensuring every vote counts for recognition

One of the biggest frustrations for both members and non-members was the 40% rule. Even if the majority of people in the workplace voted in favour of recognition, the ballot could fail if that majority didn’t represent at least 40% of the total workforce (even including those who decided not to vote).

Now, the 40% rule has been scrapped, meaning that recognition is decided by a simple majority vote.

An updated Code of Practice around trade union recognition is expected to come into force in October 2026.

Right to access

We regularly hear from non-members about not knowing what unions are, what they do, and even that they fear joining a union in case their employer finds out (just for your information, it is against the law for your employer to discriminate against you for being a Community member).

However, from October 2026, under the ERA, employers will be legally required to inform all new employees of their right to join a trade union, like Community.

Under this, Community will have a statutory right to access workplaces to meet, organise, represent and recruit, including digital access to ensure remote and hybrid workers can benefit from these changes.

Why does trade union recognition matter?

“Recognition” isn’t just a legal term — it’s the difference between asking for a raise and negotiating one. With Community recognised in your workplace, your employer is legally obliged to bargain with us around pay, bonuses, holiday entitlement, working hours, shift patterns, health and safety, policy and much more. Furthermore, recognition gives Community Representatives more power to undertake their role and support you at work.