Categories
Employment Law Employment Rights Act 2025 HR Industrial Action Lousha Reynolds

Trade Unions Are Coming In: Are employers ready for the new right of access?

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.


CONTACT US

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.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

Lousha Reynolds
Refreshing Law

Categories
Communication Employment Law Employment Rights Act 2025 HR Industrial Action Lousha Reynolds

Trade Union Information Duty Delayed: What employers need to know

Hot off the press, the Government announced last Friday (25.09.26) that the requirement for employers to provide workers with a written statement informing them of their right to join a trade union has been pushed back from 30 October 2026 to 1 January 2027, meaning a little bit of breathing space in what is already a busy month for employment law-related changes. Further details of how the duty will operate were also published by the Government and are examined in more detail below.


What is changing?

From 1 January 2027, employers will be required to provide workers with a written statement informing them of their right to join a trade union. Importantly, the obligation applies to workers, rather than employees only, and there is no small business exemption.


How about the content of the statement?

The Government will provide a standardised statement, and employers will not be allowed to change the wording.

The response to the consultation has confirmed that the statement will contain neutral and factual information about trade union membership and is expected to cover:

  • what trade unions do- providing a brief explanation of union functions;
  • details and contact information for any trade unions recognised by the employer;
  • details and contact details of any unions with statutory access agreements;
  • a link to, or a copy of the Certification Officer’s list of trade unions; and
  • a summary of workers’ statutory rights in relation to trade union membership.

It will also make clear that it remains the worker’s choice whether or not to join a trade union and that unions may charge a membership fee.


When must the statement be issued?

For anyone starting work on or after 1 January 2027, the statement will need to be provided directly to them at the same time as their written statement of employment particulars.

For HR teams, this should be relatively straightforward to incorporate into existing onboarding processes once the Government publishes the final statement.

Existing workers will also need to receive, or be given access to, the statement by 5 April 2027.


How should employers do this?

Employers will have a choice about how they do this. The statement can be sent directly to workers, for example by email or post, or it can be made continuously available somewhere reasonably accessible, such as the intranet.

However, there is an important additional requirement. Where the statement is made available indirectly, employers will need to send workers a written reminder each year confirming that it remains available and telling them where they can find it.

Employers choosing to provide the statement directly will similarly need to provide it annually by 5 April.

Employers will have to inform their workers directly if the location of the statement changes where indirect communication is relied upon. Where there is a change to the identity of unions which have recognition or statutory access agreements, the statement will be required to be reissued within one month of the change.


What are the penalties for non-compliance?

A worker will not be able to bring a standalone Employment Tribunal claim simply because their employer has failed to provide the statement.

Instead, enforcement will broadly follow the existing approach to failures concerning written employment particulars. Where a worker successfully brings another qualifying Tribunal claim, a failure to comply with the new requirement may result in an additional financial award of between 2-4 weeks capped pay.


What should employers do now?

The postponement from October to January gives employers some useful and no doubt much needed breathing space, as you will see from this newsletter that October is already a busy month!

Even for the eager amongst us, it is important to note that you should not start drafting a statement in preparation, as the Government will provide the wording, which cannot be changed. Secondary legislation setting out the detailed requirements is expected to be laid before Parliament in November 2026, with further guidance published shortly thereafter.

In the meantime, HR teams and business owners can usefully:

review onboarding processes to identify where the new statement will sit;

  • consider how the statement will be communicated to the existing workforce;
  • identify workers who may not have regular access to email or an intranet;
  • gather details of any recognised trade unions or statutory access arrangements; and
  • build the annual April reminder into the HR calendar.

For most employers, this is unlikely to be a particularly onerous change. However, it is another compliance requirement to add to an already busy Employment Rights Act implementation timetable.

Importantly, whilst this particular trade union reform has been pushed back, the more significant right of trade union access to workplaces is still due to take effect on 30 October 2026 as planned. For now, employers would therefore be well advised to focus their attention and preparation on that more immediate change.


CONTACT US

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.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

Lousha Reynolds
Refreshing Law

Categories
Employment Law Employment Rights Act 2025 Employment Tribunal HR Lousha Reynolds Right to Work

The October ERA compliance countdown: Are your HR systems ready?

We’ve prepared a strategic roadmap to ensure your organisation remains fully compliant and protected against legal risk. Below are the key things to consider with the next stages of the ERA 2025 coming into force.


1. Employment Tribunal Time Limits Double (1 October 2026)

From 1 October 2026, the statutory time limit for bringing most employment tribunal claims increases from three months to six months.

  • What this means: For any alleged act, omission, or dismissal taking place on or after 1 October, employees have double the time to initiate proceedings. Remember that this if the act or omission takes place prior to 1st October, you need to keep to the current 3-month time limits!
  • Key Risk: Disputes that appear settled informally may resurface months down the line. HR teams must enforce rigorous contemporaneously documented notes for all internal meetings, disciplinary discussions, and exit procedures.

2. Right to Work Verification Extended to Contractors (1 October 2026)

Regulations under section 48 of the Border Security, Asylum and Immigration Act 2025 take effect on 1 October, extending Right to Work verification duties beyond formal employment contracts.

  • Expanded Scope: Organisations engaging workers, platform staff, and personal service subcontractors must conduct statutory document or digital right to work checks prior to engagement.
  • Financial Penalties: Civil penalties stand at up to £45,000 per worker for first breaches and £60,000 for repeat non-compliance. End-user businesses must review supply chain indemnities immediately.

3. The Extended Harassment Duty & Third-Party Protections (30 October 2026)

The statutory duty regarding harassment shifts from taking “reasonable steps” to taking “all reasonable steps” to prevent sexual harassment.

  • Third-Party Liability: Employers will become legally liable for harassment of employees by third parties (clients, customers, service users, contractors and suppliers) across all protected characteristics, unless they can show that they took all reasonable steps to prevent the third-party harassment.
  • Mandatory Action: As a minimum, businesses will need to be able to show that they have up to date risk assessments, up to date policies and harassment reporting protocols, and that they have rolled out training and refreshers in order to rely on the “all reasonable steps” defence.

4. Trade Union Access & Statement Obligations (30 October 2026)

A package of trade union reforms takes effect at the end of October:

  • Unions gain structured rights to request physical and digital access to workplaces to recruit and represent workers.
  • Expanded time-off rights take effect for union representatives and union equality representatives.
  • Importantly, the government announced last Friday (25.09.26) that the duty to inform workers of their trade union rights by providing a statutory written notice has been pushed back from 30.10.26 to January 2027, so for now, this is at least one less thing on the to do list.

Action Steps for HR Leaders This Month:

  • Update internal document retention schedules to increase the time limit for retaining documents to a minimum of 12 months.
  • Audit recruitment and contractor onboarding workflows to embed Right to Work checks.
  • Actively prepare for the changes to the law on harassment: review your policies, conduct risk assessments, and action the outcomes of those risk assessments. Think about your existing contracts and build in provisions regarding harassment, consider your warning notices to customers and roll our training for staff.

Need tailored advice on preparing your workplace policies for Q4? Contact us today.


CONTACT US

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.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

Lousha Reynolds
Refreshing Law