Trade union access rights: What employers need to know

Authors: Stephen Miller, Heidi Watson, Corinna Harris, Sophie Jackson and Charlotte Stern

From 30 October 2026, Unions will be able to seek access to workplaces with over 21 employees.

In our Top 5 for April 2026, we explained that the Employment Rights Act 2025 sets out a process for trade unions to seek a right of access to employers’ workplaces to engage with their workers in person or digitally, to meet, support, represent, recruit, or organise workers and to facilitate collective bargaining. If the union and employer cannot reach agreement, then the Central Arbitration Committee (CAC) can step in to determine access rights.

This means that access rights can be sought, whether or not the employer already recognises a union, so it is particularly relevant for employers with limited or no previous union engagement.

Plans to implement these union access rights from 30 October 2026 have now advanced a step, with the Government presenting a finalised Code of Practice to Parliament on 6 July 2026 for approval and publishing two sets of Regulations.

The key points to know are that:

• Unions can seek to access most workplaces on up to a weekly basis, digitally or physically, if the employer employs more than 21 employees nationally.
• An agreement can be reached voluntarily, via the statutory process, or imposed by the CAC in the event of
• Employers have 15 working days to respond to an access request and then another 25 days to reach an agreement with the union.
• Breaching an agreement can be expensive: the CAC may impose penalties of up to £75,000 for a first breach, £150,000 for a second breach under the same access agreement, and £500,000 for any third or subsequent breach.

Key Action Points for Human Resources and In-house Counsel

• Prioritise workplace relations and communication via employee networks and information and consultation forums as this can make external unions less attractive.
• Ensure your organisation is ready for a quick response by identifying now who will own access requests internally, such as HR, legal or management, and preparing standard response templates.
• Map relevant worker populations, sites, hybrid arrangements, communication channels and any existing union arrangements.
• Train managers not to obstruct lawful union activity – look out for our forthcoming podcast for more information.