Trade union right of access: What’s changing from 30th October 2026  

From 30th October 2026, trade unions have a new legal right to request access to UK workplaces, both physical and digital. The right applies to employers with 21 or more workers. A union can request access whether or not it has any members in your workforce, and whether or not you recognise it.

Many businesses, particularly smaller ones, have rarely needed to think about trade union rights because they are unlikely to have employees in their workforce who are union members. These changes are different. They give unions a route into workplaces even where they have no members at all.

One of the main ways unions are likely to use this right is to build support in workplaces where they currently have little or no presence. Because access can be requested digitally as well as physically (for example, through video meetings with employees or messages circulated via the employer’s email or intranet), unions will be able to approach a much wider range of employers than before. 

Physical access, by contrast, depends on a union having enough officials available to attend particular locations, which is likely to be a challenge given unions’ limited resources.

The new rules will affect a huge number of employers. The only ones that are exempt are employers with fewer than 21 workers, who the new changes do not apply to.

What is the trade union right of access?

Before 30th October 2026, unions had no general right of access to UK workplaces. They could only act through members who already worked there, or through access an employer agreed to voluntarily. The new provisions are contained in Section 59 of the Employment Rights Act 2025, which inserts new sections 70ZA to 70ZN into the Trade Union and Labour Relations (Consolidation) Act 1992. 

They come into force on 30th October 2026 under the Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026.

The new rules give trade unions the right to request physical and/or digital access to workers for the purposes of meeting, supporting, representing, recruiting and organising workers (whether or not they are union members), and facilitating collective bargaining. Access cannot be used to organise industrial action (eg organising a strike).

This is a first for the UK. Prior to this change unions did not have any general right of access to workplaces. They could only exercise their functions through individual trade union members who worked in a company, or through access that had been voluntarily agreed with the employer.

The legislation sets out some guiding principles. An employer cannot refuse physical access simply because digital access is available, (or refuse digital access because physical access is available), and employers are expected to take reasonable steps to facilitate access that has been agreed or ordered. 

Employers are also expected to take reasonable steps to facilitate access that has been agreed or ordered by the Central Arbitration Committee (see below).

Depending on what’s agreed or ordered, digital access could include setting up video meetings between union officials and workers, circulating union information to workers by email, or allowing the union to post information on the company intranet. Physical access could include organising a room for unions to hold meetings with company staff.

The default position under the legislation will be that weekly access to workers will be reasonable, unless circumstances mean this is not appropriate.

How does a trade union request access to a workplace?

Where unions want to access a workplace they must send a written “access request” to the employer, asking the employer to enter into an “access agreement” for the union’s officials to access the employer’s workforce.

The request must be in the prescribed form. Among other things, it must be dated and in writing, include the union’s certificate of independence and contact details, explain the purpose of access, describe the workers and workplace concerned, and set out the type, frequency and duration of access requested and any help needed from the employer.

Employers should check that a request is valid before the response clock is treated as running, but should not rely on minor technical points to refuse the request without advice.

The access request can be for one-off access or for access on an ongoing basis (for example, weekly meetings, whether onsite or by video). Under the new legislation, access is time-limited: an access agreement must expire no later than two years after it starts, although the parties can agree to extend it.

How long do employers have to respond to a trade union access request?

You have 15 working days from the day you receive an access request to give the union a written response notice, unless you both agree to extend it.  

After receiving a request, the employer must then give the union a “response notice” before the end of the “response period”. As above, this period ends 15 working days after the day the access request is received, unless the parties agree to extend it. Working days exclude weekends, Christmas Day, Good Friday and bank holidays.

If the employer fails to respond in time, the union can apply to the Central Arbitration Committee, asking it to decide whether access should be granted and, if so, on what terms.

Once received, the employer can either agree to the access request, or disagree with it (in whole or in part). A template response form (and other useful guidance) is included in the government’s Code of Practice (still in draft at the time of writing). 

If the employer agrees to the request, the parties must record the access agreement in writing and jointly notify the CAC.

If the employer disagrees (wholly or in part), the parties then have a “negotiation period” to try and agree written terms on which the union will have access. If agreement is reached, the parties will jointly notify, and lodge a copy of the agreement with, the CAC.

The negotiation period ends 25 working days after the day the employer’s response notice is given.

If, by the end of the negotiation period, agreement has not been reached, either party may apply to the CAC, asking the CAC to determine whether access should be granted and, if so, on what terms.

CAC decisions can be appealed to the Employment Appeal Tribunal (EAT) on a point of law.

A union can complain to the CAC if an access agreement (or a CAC determination) is breached, and employers can face significant fines for not complying with their terms.

Can an employer refuse trade union access?

If an employer refuses access then it is likely that the union will apply to the CAC to determine the matter.

The law sets out situations in which the CAC must refuse access. These include where the employer is below the 21-worker threshold, where access would harm national security, where refusal is necessary to prevent or detect crime, and where the proposed arrangements would not expire within two years.

The legislation also does not allow a union to enter a private home, and it does not require an employer to disclose workers’ personal data where doing so would breach data protection law.

The CAC are also likely to refuse access where existing recognition or access arrangements already cover the same workers, where the union has made multiple overlapping requests, or where access would put anyone’s health and safety at risk.

More generally, the CAC can refuse access only where it is reasonable in all the circumstances to do so. Although employers may be concerned that providing access will unreasonably disrupt their workforce, this is unlikely to be a ground which would make the CAC refuse access altogether. However, the CAC will take into account the likely disruption to the employer’s business when making decisions about the terms of access (such as timing, frequency or whether it is physical or digital).

How can employers prepare for the trade union right of access?

Even if you do not expect to hear from a union, a little preparation now will make it much easier to respond properly if a request arrives. We set out some top tips for dealing with access requests below.

Decide who will deal with requests: Decide who in your organisation will deal with an access request and make sure post and general inboxes are monitored. With a 15-working-day response period, a request that sits unopened can quickly become a problem.

Check your headcount: Work out whether you, together with any associated employers, have 21 or more workers, both currently and on average over the last 13 weeks. Remember that the test counts workers, not just employees.

Diarise the timetable: Once a request is received, record the deadlines for your response notice and the end of any negotiation period, and keep a written record of all communications.

Think through physical and digital options: Consider how access could work in practice, including site security, visitor rules, health and safety, safeguarding and any third parties (such as landlords) whose agreement you would need. Consider what digital channels you could offer, such as a video meeting or circulating a union message by email or through other systems.

Protect personal data: Do not share workers’ contact details or other personal data with a union unless you have a lawful basis to do so (such as where workers have consented to this).

Brief your managers: Make sure managers know that access requests must be passed on promptly and that agreed access must not be obstructed. Repeated breaches can lead to significant payment orders.

Get advice early: If you receive a request, particularly one you want to refuse or limit, get in touch with our HR Advisory Team to guide you through the process.

What else is changing for trade unions under the Employment Rights Act 2025?

The right of access is one of several changes to trade union law in the Employment Rights Act 2025. From 1st January 2027, employers will also have to tell all workers, both new and existing, in writing, that they have the right to join a trade union. The details of this new obligation is still being finalised and we will be providing more information on this as soon as it is finalised by the government.

Taken together, these changes are likely to make unions more visible in workplaces that have not traditionally had any union involvement, so it is worth getting your processes in place now. 

Reach out to us at Employment Hero for any help you need in this area.