New Trade Union Workplace Access Rights from 30 October 2026

What employers need to know about the upcoming changes

From 30 October 2026, subject to parliamentary approval, new trade union workplace access rights are expected to come into force across England, Scotland and Wales under the Employment Rights Act 2025.

These changes will give independent trade unions greater opportunities to communicate with workers, including within businesses that do not currently recognise a trade union.

For employers, understanding the new requirements and preparing for potential access requests will be essential to ensuring compliance.

What is changing?

Under the new legislation, independent trade unions will have a statutory right to request access to workplaces for purposes including recruiting members, providing advice, supporting workers and facilitating collective bargaining.

Access may take several forms:

• Physical access: Union representatives visiting workplaces to meet and communicate with employees.

• Digital access: Communication through virtual meetings, employer-facilitated emails or other agreed electronic arrangements

• Combined access: A mixture of physical and digital arrangements.

Importantly, these rights will apply even where a business does not currently recognise a trade union.

However, this does not mean union representatives can enter workplaces without permission or whenever they choose. Access must take place through a statutory agreement, either negotiated with the employer or determined by the Central Arbitration Committee (CAC).

How will the process work?

When an independent trade union submits a formal workplace access request, the employer will have 15 working days to respond.

Following the response, both parties will have 25 working days to negotiate an access agreement.

The agreement may outline arrangements such as the frequency of visits, appropriate meeting locations, digital communication methods and any relevant operational or health and safety requirements.

If an agreement cannot be reached, the matter can be referred to the Central Arbitration Committee.

The CAC has authority to determine whether access should be granted and establish appropriate terms.

However, the CAC cannot impose an access agreement on employers with fewer than 21 workers, although smaller employers can voluntarily agree to access arrangements.

What happens if employers fail to comply?

The CAC will be responsible for overseeing and enforcing statutory access agreements.

Where an employer fails to comply with an agreement, enforcement action may follow, including potential financial penalties.

It is therefore important that access requests are not ignored and that agreed arrangements are followed.

What should employers do now?

With the changes approaching, businesses should take practical steps to prepare.

Review internal procedures: Establish a clear process for receiving, assessing and responding to trade union access requests within the statutory timescales.

Identify responsible individuals: Ensure HR or an appropriate senior manager is responsible for managing requests and communicating with trade union representatives.

Brief managers: Make managers aware of the changes and ensure they understand that access requests must be handled appropriately.

Consider workplace arrangements: Review suitable meeting spaces, visitor procedures, security requirements and digital communication options.

Seek advice where necessary: Before refusing a request or agreeing to access arrangements, consider obtaining HR advice to ensure the Company’s response is reasonable and compliant.

What does this mean for your business?

The new rights represent a significant development in UK employment relations, particularly for employers who have not previously engaged with trade unions.

However, granting workplace access does not automatically mean that an employer must formally recognise a trade union or enter into collective bargaining arrangements.

The key priority is ensuring that any requests are managed fairly, professionally and within the required timescales.

How we can help

Our HR team can support businesses with understanding the new legislation. If you have any questions, please don’t hesitate to contact your dedicated HR Advisor and our HR team — we’re here to help.