New trade union access rights are coming

At present, trade unions have no general right of access to workplaces. That changes on 30 October 2026. Trade unions will be able to request access even where they have little or no existing presence in the workforce. This is a new, standalone right, separate from the access rights that apply during recognition or derecognition. It is a reform every employer needs to prepare for.

In the period immediately after October 2026, rapid developments are expected, particularly in sectors such as retail and hospitality, where unions are likely to test the new framework quicky.

Employers who understand the process now and put internal plans in place will be far better placed to respond. Those who wait until a request lands will face tight deadlines and a framework that favours access - with the risk of having terms imposed on them.

This briefing explains how the new right of access will work, what it means for your organisation and what you should be doing now to prepare.

The essentials at a glance

The Employment Rights Act 2025 establishes the statutory framework for trade union access.

Unions can request both physical access to workplaces and the ability to communicate digitally with workers. If the parties cannot agree terms, either side can refer the matter to the Central Arbitration Committee ("the CAC"), which can set the terms for them.

Once an access agreement is in place, either party can complain to the CAC within three months of an alleged breach. If upheld, the CAC can take steps to secure compliance. Where a further breach occurs within 12 months, or a party has breached (at any time) a CAC order requiring specific steps, the CAC may also impose financial penalties.

Key aspects of the statutory process are as follows:

The Code of Practice

The Code of Practice: Right of trade unions to access workplaces ("the Code" which is awaiting Parliamentary approval) covers most of the practical questions employers will face. It is not legally binding, but courts, tribunals and the CAC can take it into account when deciding cases. In practice, departing from the Code without good reason may be difficult to justify.

How do Trade Unions gain access?

The Code makes clear that where a satisfactory voluntary access arrangement already exists, the parties should continue using it rather than formalising it through the statutory process. More broadly, parties are strongly encouraged to agree new arrangements voluntarily where possible.

This matters because purely voluntary arrangements agreed outside the statutory process are unlikely to attract financial penalties in the event of breach. They also give employers more flexibility to agree terms that suit their business.

However, a union does not have to try the voluntary route first. If it chooses not to, or if the parties cannot reach agreement, the union can use the statutory process and, if negotiations fail, refer the matter to the CAC.

The key steps of the statutory process are set out below:

The timeframes at each stage are tight. Even before a formal request, a trade union may seek information from an employer to tailor its request, and employers are expected to engage constructively.

For most organisations, meeting these deadlines will require significant advance preparation.

Where, when and at whose cost

The Code tells us that:

• Access should usually take place during normal working hours but at times that minimise any unreasonable interference with the employer's business.

• For physical access, a trade union should be granted access to workers at their actual workplace such as in a meeting room, an adjoining work area, or the area where workers usually take their breaks.

• As well as a right to visit workplaces in person, unions will have new rights to communicate electronically with workers.

• In practice, employers may be required to actively facilitate union communications through their own channels. This may involve cascading messages via an intranet site, email or messaging platforms in a timely manner, with the union copied in, as stand-alone communications rather than bundled into wider staff updates. It could also involve facilitating online meetings via existing IT platforms.

• The employer should make existing rooms and facilities available where reasonable to support access. Employers will need to take reasonable steps - such as setting up online calls or rearranging furniture - but will not be expected to make major structural changes to premises or IT systems.

• Workers who attend a trade union meeting organised through an access arrangement during working hours must be paid in full for the duration of their absence from work.

Five things every employer should know

The framework presumes in favour of access. An outright refusal will only be reasonable in narrow circumstances, so for most employers the question is not whether access will happen, but on what terms.

An access request may be the first step in a longer-term recognition bid and employers should approach any request for access with that in mind.

Taking this into account, here are five key points every employer should know:

Your action plan

Employers who handle this best will act before a request arrives. Here is where to start:

• Designate ownership. Decide who will respond to and negotiate access requests and make sure there is backup in place. Both sides should nominate a lead contact for any disagreements that arise.

• Set up a dedicated email address for union correspondence and monitor it. If a request sits unread in a general inbox, the statutory clock is already running. Consider making contact details available on your website, as suggested by the Code.

• Scenario plan and train your people. Consider how you would handle a first request, requests from multiple unions and multi-site situations. Ensure relevant staff are familiar with the recognition process, including the rules on access during that process and unfair practices. Once arrangements are agreed, make sure managers, HR and front-of-house staff know what to expect and how to handle the practical side of visits.

• Review your policies and digital infrastructure. Check that visitor and site access policies are current. Review internal communication platforms and data protection policies, bearing in mind the prohibition on monitoring worker engagement with union communications.

• Check your position on third-party premises. If staff work on third-party sites, review your contracts now - see our earlier point on third-party premises.

• Strengthen employee engagement. Take a fresh look at how you engage with your workforce. Employers who already listen well, through staff forums, surveys, visible leadership or other channels, will be better placed to identify concerns early. Workers are more likely to turn to a trade union where existing grievances remain unresolved.

• Consider whether early union engagement makes sense. The framework presumes access will be granted, so in practice, preparation and pragmatism are likely to achieve better results than resistance. For some employers, engaging with a union informally before the formal process starts will be the stronger approach.

How we can help

These reforms give employers very little time to respond once a request arrives. We are working with clients across a range of sectors, advising on access strategies, reviewing existing union arrangements, voluntary access agreements and helping organisations prepare their people and processes.

If you would like to discuss what these changes mean for your business, please get in touch.