Can My Employer Refuse to Recognise Our Union in England, Wales or Scotland?

Who this guide is for

Workers in England, Wales or Scotland who want their union recognised by their employer, and union members who have been treated badly or dismissed because of the union.

What this guide does not cover

• Work in Northern Ireland: see the Northern Ireland guide. Its rules are different.
• How to run a strike ballot, ballot turnout rules, picketing and strike notices: ask your union or Acas.
• Ending recognition (derecognition): ask Acas or your union.
• Discipline, grievances and your other rights at work: use the employee rights checker. What a tribunal can award: use the tribunal checker.

The questions that decide the answer

1. Does your employer already recognise the union? If yes, the union can bargain for you now, and union officials and members have rights to time off. If no, the union must ask for recognition first.
2. How many workers does your employer have, and how many in the group are members? Statutory recognition needs at least 21 workers, counting associated employers, and at least 10% membership in the bargaining unit. If more than half are members, recognition may come without a ballot.
3. Have you been dismissed or treated badly, and on what date? A dismissal because of the union has a 7-day deadline for interim relief, and the main claim has its own time limit.

"How does a union get recognised?"

Your employer can agree to recognise a union voluntarily at any time.

For statutory recognition, the union must first write to your employer. The letter must give the union's name, describe the group of workers it wants to represent (the bargaining unit), and say the request is made under Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992.

Your employer has 10 working days to respond. If it offers to negotiate, there is a 20 working day period to agree the bargaining unit and recognition, or longer if both sides agree.

If your employer does not respond, rejects the request, or no agreement is reached, the union can apply to the CAC. The process is for independent trade unions, and for employers with at least 21 workers.

The CAC will only accept the application if at least 10% of the proposed bargaining unit are union members, as well as other tests. Since 6 April 2026 the union no longer has to show that a majority of the workers are likely to support recognition, so petitions are not needed.

The union cannot apply if it applied for recognition in the last 3 years, if it is not a certified independent union, if there is already an agreement that lets another union represent workers in the bargaining unit, or if another union with 10% of the proposed bargaining unit has already applied.

"Do we need a ballot?"

If the CAC is satisfied that more than half of the workers in the bargaining unit are members of the union, it can declare the union recognised without a ballot. It must still hold a ballot in some situations, for example where it thinks a ballot is in the interests of good industrial relations.

Otherwise the CAC arranges a secret ballot. Since 6 April 2026 the union wins if a majority of those who vote support recognition. The old rule that at least 40% of the whole bargaining unit also had to vote yes was removed by the Employment Rights Act 2025.

Your employer or the union can complain to the CAC about unfair practices during a recognition ballot, for example putting pressure on workers.

"What happens after recognition?"

If the CAC declares the union recognised, the union can bargain for the workers in the bargaining unit on pay, hours and holidays, and on other matters if both sides agree.

If your employer and the union cannot agree how to bargain, the CAC can impose a method. It is legally binding on both of them.

If the union loses, it cannot apply for statutory recognition again for 3 years for the same group, but your employer can still recognise it voluntarily.

"My employer is treating me badly because of the union"

You have the right to join or not join a union, to leave or stay a member, to belong to the union you choose even if it is not the one your employer negotiates with, and to belong to more than one union.

Your employer is not allowed to offer you a benefit to leave a union, or threaten to treat you unfairly if you do not leave. An employer or employment agency is not allowed to insist that you join or leave a union, or leave one union for another.

Your employer is not allowed to dismiss you, or choose you for redundancy, because you are or want to be a union member, are not or do not want to be a member, or took part or wanted to take part in union activities.

Dismissal for these reasons is automatically unfair. You do not need a minimum length of service to claim.

With rare exceptions, it is illegal to compile, use, sell or supply a blacklist of union members that will be used to discriminate against them.

"I've been dismissed because of the union. What do I do this week?"

You can apply to the employment tribunal for interim relief. If it succeeds, the tribunal can order that your contract continues, which in practice usually means your pay continues, until your claim is decided.

The application must reach the tribunal before the end of the 7 days after the date your employment ended. The tribunal cannot accept it late.

If you say you were dismissed for being, or wanting to become, a union member, for union activities or for using union services, you must also send the tribunal, within the same 7 days, a certificate signed by an authorised official of your union. It must say that you were, or proposed to become, a member on the date of the dismissal, and that there appear to be reasonable grounds for thinking this was the reason for your dismissal. Contact your union straight away.

You might not need to notify Acas before applying for interim relief. Your main unfair dismissal claim has its own time limit: see the deadlines below.

"Can I get time off for union work?"

If your employer recognises your union, union representatives are allowed reasonable time off with pay for union duties and training at appropriate times.

Union representatives and members are allowed reasonable time off without pay to take part in union activities, for example the union's annual conference.

Reasonable time off does not have to be taken as annual leave.

"What about strikes?"

From 18 February 2026, dismissing someone for taking part in protected industrial action became automatically unfair, however long the action lasts. This applies where you started taking part on or after 18 February 2026.

Also from 18 February 2026, a union must give 10 days' notice of industrial action instead of 14, a ballot mandate lasts 12 months instead of 6, and the extra 40% support rule for important public services was removed.

This guide does not cover ballot turnout rules, picketing or how a ballot must be run: ask your union or Acas.

"What is changing next?"

These changes are due on 30 October 2026 and are not in force yet: new rules on a union's right of access to workplaces, a right to reasonable facilities for union representatives, time off for union equality representatives, and an updated Code of Practice on recognition. Protection from being treated worse for taking part in industrial action is also due in October 2026. The duty on employers to tell workers of their right to join a union is due in January 2027, not October 2026.

Deadlines you must meet

• Your employer's response to a written recognition request: 10 working days. Negotiation: 20 working days, or longer if agreed.
• Interim relief: the application, and the union certificate where needed, must reach the tribunal within the 7 days after your dismissal date.
• Most tribunal claims, including unfair dismissal because of the union: 3 months less 1 day from the act you are complaining about, or 6 months less 1 day where that act (or the last act in a series) happened on or after 1 October 2026. Notify Acas within your time limit. Your exact date depends on your facts: the tribunal deadline checker works it out.
• After a failed application: the union cannot apply again for statutory recognition for the same group for 3 years.

Traps

• Since 6 April 2026 there is no 40% rule for recognition ballots in England, Wales and Scotland. Northern Ireland's rules are different: do not use them here.
• A ballot is not always needed: if more than half the bargaining unit are members, the CAC can declare recognition without one.
• Interim relief has a 7-day deadline that cannot be extended, and the union certificate must arrive within the same 7 days.
• The rights to time off for union duties and activities depend on your union being recognised by your employer.
• The union changes due on 30 October 2026, and the duty to tell workers of their right to join a union (due in January 2027), are not in force yet.