From today, 30 October 2026, a significant change to UK employment law gives independent trade unions a statutory route to seek access to workplaces. For employers that have never had meaningful union involvement, the change could feel particularly significant. A union does not need to have existing members within the workforce before making an access request.
The new regime covers both physical and digital access and is intended to enable unions to meet, support, represent, recruit and organise workers, as well as facilitate collective bargaining.
What does the new right mean in practice?
The right applies to employers with 21 or more workers in Great Britain. A union can make a formal request for access to the workplace, after which the employer has 15 working days to respond. If the employer does not accept the request in full, there is then a 25-working day negotiation period during which the parties should try to agree suitable arrangements. Those discussions may cover matters such as:
- how frequently union officials may attend;
- which areas of the workplace may be used;
- the timing and duration of visits;
- the number of union representatives attending;
- arrangements for workers with non-standard working patterns; and
- the form and frequency of digital communications.
If agreement cannot be reached, or the employer simply does not respond to the union at all, the matter can be referred to the Central Arbitration Committee (CAC), which can determine whether access should be granted and on what terms. The key point, however, is that simply refusing access is not an effective strategy. Employers should engage promptly and constructively with requests.
What might workplace access look like?
Section 59 Employment Rights Act 2025 inserts the new regime into the Trade Union and Labour Relations (Consolidation) Act 1992. The detail is in the Trade Unions (Right to Access Workplaces) Regulations 2026 and a new statutory Code of Practice. The regulations contain model terms to guide the parties and the CAC. Access may include face-to-face meetings with employees, in suitable existing accommodation, once a week.
Under the Code, managers should not attend meetings unless invited, and workers should be paid for the time they spend in them. Employers do not have to hand over staff contact details, so in practice they will often pass messages on for the union.
What should employers do now?
Employers should prepare before the first request arrives. Practical steps include:
- Nominate a responsible contact. Make sure reception staff, managers and HR know who should deal with a union approach or formal request.
- Put a response process in place. The 15-working-day deadline leaves little room for delay.
- Identify suitable facilities. Consider in advance where meetings could take place without creating unnecessary operational disruption.
- Train managers. Managers should understand that workers must not be subjected to detriment because of trade union membership or activities. Also, brief managers that obstructing access, or discouraging staff from attending, carries real financial risk.
- Decide your negotiating priorities. Issues such as visit frequency, visitor numbers, peak trading periods and escalation arrangements may be better resolved by agreement than left to the CAC.