Trade Union Access Rights Are Changing
Is Your Business Ready?
From October 2026, employers across the UK could see trade unions gaining much greater access to their workplaces, both physically and digitally.
Under the Employment Rights Act 2025, qualifying independent trade unions will have a new statutory right to request access to workplaces for purposes such as meeting workers, recruitment, organisation, representation and collective bargaining.
While many businesses may assume this will only affect heavily unionised sectors, the new rules are expected to apply to most employers with more than 20 employees.
The Government has now published its response to the consultation on how these rights will work in practice, together with a draft Code of Practice giving further detail.
What will this mean in practice?
Trade unions will be able to request access to workplaces, including digital access through email, video calls and online communication platforms. However, unions will not simply be able to turn up unannounced and demand immediate access to a workplace.
Importantly, this is not limited to recognised unions or workplaces where unions already have members.
The proposed framework sets out a formal process which unions and employers would be expected to follow. The draft Code suggests unions should first attempt to engage with employers informally before making a formal written request for access. Employers would then have a specified period to respond and, if necessary, negotiate the terms of access before matters could potentially be referred to the Central Arbitration Committee (CAC).
The expectation nevertheless appears to be that access will generally be granted unless there is a good reason not to do so. Employers who ignore requests or fail to engage properly could ultimately face involvement from the CAC, with significant financial penalties possible for repeated breaches.
Employers would still be entitled to impose reasonable requirements around matters such as health and safety, security, confidentiality, safeguarding and timing of visits to minimise disruption to the business.
Employers will need to think ahead
Although the new rules are not expected to take effect until October 2026, employers should not leave preparation until the last minute.
Businesses may need to consider:
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How physical access to premises would work in practice;
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Whether meeting rooms or private spaces are available;
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How digital communication requests would be managed;
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Data protection and employee consent issues;
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How managers should respond to union access requests;
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Security, safeguarding or confidentiality concerns;
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Record keeping and internal processes.
The proposed framework also places fairly short deadlines on employers to respond and negotiate access requests, meaning managers will need clear guidance and training.
This is part of a much wider shift
The new access rights form part of the Government’s wider employment law reforms under the Employment Rights Act 2025, which are expected to strengthen collective workplace rights and increase trade union involvement in many sectors.
For some employers, particularly those without existing union engagement processes, this could represent a significant cultural and operational change.
Having good employee relations will still matter enormously — but it may no longer prevent unions from seeking formal access to your workforce.
Now is the time to prepare
The detail of the final Code of Practice and supporting regulations is still developing, but employers should start reviewing their employee relations strategy now rather than waiting for requests to arrive.
At Rely, we can help businesses prepare for these upcoming changes by carrying out a practical Trade Union Access Readiness Review. This can include reviewing workplace communication methods, identifying potential operational or privacy concerns, assessing digital access arrangements, reviewing employee engagement processes and training managers on how to respond appropriately to requests.
Taking proactive steps now can help businesses avoid disruption, reduce legal risk and ensure they are ready before the new rights come into force in October 2026.
If you would like to discuss how prepared your business is for these changes, contact our team for a confidential conversation.
You can read the Government’s response and the draft Code of Practice here: