Trade union access rights: navigating the new statutory framework

The new trade union access regime comes into force on 30 October 2026, bringing a significant change to the relationship between employers and independent trade unions.

Introduced under the Employment Rights Act 2025, the framework gives independent trade unions a statutory route to secure access to workers for organising and recruitment purposes, even where the union is not recognised and has no existing members within the workforce.  

This is the first time that trade unions have had the legal right of access to workforces, except when already agreed with an employer. This will give unions an opportunity to recruit new members and build towards an application for union recognition for the purposes of collective bargaining. 

What is changing? 

From 30 October 2026, qualifying independent trade unions can request access to workers of employers which have >21 workers, at their workplace for specified statutory purposes, including:

• meeting workers;
• supporting and representing workers;
• recruiting and organising workers; and
• facilitating collective bargaining.

Access may be physical, digital or a combination of both. For example, arrangements may include workplace meetings, drop-in sessions, video meetings or employer-facilitated electronic communications. One form of access cannot be rejected simply because another form is available.  

The union need not be recognised by the employer in order to request access. Multiple (or joint) applications may be made by different trade unions. 

Importantly, access rights are distinct from statutory union recognition. Granting access does not require an employer to recognise a union. However, the new regime provides unions with a formal mechanism for engaging with workers and growing their membership and may represent an early step towards a future recognition application. 

The role of the Code of Practice

Alongside the legislation, the government has published a statutory Code of Practice setting out how employers, unions and the Central Arbitration Committee (CAC) are expected to approach the regime in practice. 

The Code does not create standalone legal obligations. However, its provisions may be relied on in proceedings and must be considered by tribunals, courts, and the CAC where relevant. 

Which employers are affected?

A limited exemption exists for very small employers. Broadly, an employer will be exempt only where it employs fewer than 21 workers both at the time the request is received and on average during the previous 13 weeks. 

Whether or not a workplace has a recognised union already, or whether there are known to be existing union members amongst the workforce, this does not make an employer any more or less likely to be susceptible to an access request. A key spirit of the new law is to allow unions access to recruit new members and gain recognition rights.

How will the process work?

The legislation establishes a structured process with strict and fast-moving timescales.

What might access look like in practice?

The Code of Practice includes model terms which the CAC must treat as reasonable for statutory purposes. These arrangements could provide for access including the following:

• weekly access sessions;
• use of existing workplace facilities;
• private discussions between union representatives and workers; and/or
• digital communications through employer systems (e.g. intranet).

The Code encourages practical and proportionate arrangements tailored to the workplace. In most cases, employers will not be expected to make significant changes to premises or implement major IT upgrades in order to accommodate access.

The regime does not override data protection obligations and does not give unions unrestricted access to employer systems or personal worker data. 

The appropriate frequency of access will depend on the circumstances; the regime is clearly intended to facilitate regular and continuing engagement with workers rather than isolated access on an ad hoc basis – as can be seen by the inclusion of weekly access sessions within the model terms.

Enforcement and penalties

Statutory access agreements are enforceable through the CAC rather than through ordinary contractual claims. 

Where an agreement is breached, the CAC may require compliance, vary arrangements or impose significant financial penalties. The Regulations provide for escalating penalties for repeat non-compliance, a maximum of £75,000 for a first-time breach; a maximum of £150,000 for the second breach; and for a third and any subsequent breaches these could be up to £500,000 each.

The regime therefore requires employers to focus not only on negotiating access arrangements, but also on ensuring that agreed arrangements can be implemented consistently across their organisation.

What should employers do now?

Put in place a response process
Identify who will receive and manage access requests, ensure appropriate contact details are available (including manning general “enquires” email inboxes) and establish procedures for recording the strict deadlines and correspondence.

Assess practical access arrangements
Review meeting spaces, digital communication channels, shift patterns and site-specific security arrangements. Consider how access could work in practice across different locations. Think about how workers can be released during working hours and still be paid. 

Think about all categories of workers
Access arrangements should work for shift workers, part-time workers, homeworkers and employees working across multiple sites. Flexibility is likely to be important.

Protect privacy
Employers should ensure that any access arrangements respect confidentiality, privacy and data protection requirements.

Worker choice
Participation remains voluntary. When an access request is received this gives an employer the opportunity to seek out the opinion of the workforce so that the access agreement can reflect how much engagement the workforce would like. 

Train managers
Managers should understand the new framework and the protections available to workers engaging with trade unions. Careless communications or conduct may create unnecessary risk.
Map existing union arrangements

Where recognition agreements, existing access arrangements or competing requests already exist, employers should understand any areas of overlap before responding to new requests.

Competing requests from multiple unions

Joint access requests may be made, but employers could also receive separate requests from different unions seeking access to the same workforce.

The legislation does not require access to be granted exclusively to one union. Where multiple requests are made, the CAC may need to consider how access can be accommodated in a practical and proportionate way, having regard to factors such as workplace resources, operational requirements and existing access arrangements. Employers should take a consistent approach to assessing requests and keep clear records of the reasons for any proposed access arrangements.

The bottom line

The new access regime is designed to make it easier for independent trade unions to engage with workers, recruit and develop workplace presence. It is not the same as statutory union recognition, but it may often be the first step towards it.  

For employers, early preparation will be key. Clear processes, realistic access arrangements and well-briefed managers will help minimise the risk of disputes once the new framework comes into force on 30 October 2026. 

Our employment team have significant experience advising employers on trade union related issues in the workplace, you can contact our team if you would like to discuss your approach to these new changes.

Visit our trade union & industrial relations page to keep up to date with the latest changes. 

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