From 30 October 2026, trade unions will have a new statutory right to seek access to workplaces, including businesses which have never previously had any union involvement.
This is arguably one of the most significant trade union reforms introduced by the Employment Rights Act 2025 and one that employers should be preparing for now.
What is changing?
The new regime will allow trade unions to request access to a workplace for the purposes of recruiting, organising and representing workers.
Access can be physical or digital, so this is not simply about allowing a union official through the front door. It could also involve facilitating communications with workers or enabling virtual meetings using an employer’s existing IT systems.
In contrast to statutory recognition, there is no requirement for a union to demonstrate a particular level of existing membership or support before making a request.
Only small businesses with fewer than 21 workers will be exempt from access, but importantly the headcount will include workers employed by associated and group companies (rather than it being assessed by entity or workplace).
Can an employer refuse?
Simply saying “no” is unlikely to be an option.
Once a formal access request is received, an employer will have 15 working days to respond. If the request is not accepted in full, there will then be a 25-working-day negotiation period.
If agreement cannot be reached, the union can apply to the Central Arbitration Committee (CAC) for a workplace order within 15 working days. The CAC will then determine whether access should be granted to the union and, if so, on what terms.
The legislation is deliberately weighted towards facilitating access. Although employers will be able to raise legitimate concerns about matters such as national security, criminal justice and health and safety, outright refusal is expected to be difficult to justify and there is likely to still be a requirement to facilitate access in less disruptive ways.
What might union access actually look like?
There will be model terms for access arrangements and if a union’s request for access is based on them, it will make it much more likely to be ordered by the CAC. The Government had originally said it would publish a full model agreement but has taken a less prescriptive approach and will instead rely on the additional guidance in the Code of Practice, which the CAC will consider when making decisions.
The model terms therefore provide a useful indication of what employers should expect, including:
- Access up to once a week, either physically or digitally.
- Employers must make existing meeting facilities and communication channels available and facilitate private communications between workers and union representatives.
- Workers attending access meetings during working time should also be paid for that time.
What if employees work at a client’s premises?
This is particularly relevant to businesses such as facilities management, security and outsourced service providers.
Where employees work at premises controlled by somebody else, the employer will still be expected to take reasonable steps to facilitate access, including approaching the client or property owner.
This is therefore something businesses may also need to consider when negotiating contracts with clients and other third parties.
What are the consequences of getting it wrong?
The potential financial consequences are significant.
Complaints about breaches of access agreements can be made to the CAC within 3 months of the breach. Repeated non-compliance can ultimately result in substantial financial penalties, with the proposed regime providing for penalties of up to £75,000 for a first breach, £150,000 for a second breach and £500,000 for further breaches.
This is therefore not a regime that employers can afford to ignore.
What should employers be doing now?
With the new rights taking effect on 30 October 2026, immediate preparation is key.
In particular:
- decide who will take responsibility for dealing with a union access request and ensure requests are escalated immediately (particularly as you will only have 15 working days to respond!);
- set up employee engagement forums as if your workforce feels informed and that they have a voice, they are less likely to be tempted by the union’s campaign;
- consider where physical union meetings could realistically take place and how you can comply with digital access requests whilst minimising disruption to the business;
- use the negotiation period to shape and limit the practical impact of the request;
- consider how the new regime interacts with client sites and third-party premises; and
- brief HR teams and managers on how to respond if a union approaches the business, and to ensure that union visits are handled appropriately.
For businesses that have historically operated without trade union involvement, this represents a significant change. The key message is that union access will no longer necessarily depend upon an employer’s agreement.
The 15-working-day response period also leaves little time to formulate a strategy once a request arrives. Employers who understand now how they would accommodate and, where appropriate, negotiate the parameters of union access will be much better placed when the new regime takes effect. If you do require any support with your preparations, or advice and assistance in the event that a request for access lands, don’t hesitate to contact us.
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We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.
lreynolds@refreshinglawltd.co.uk
Lousha Reynolds
Refreshing Law
