Opening the door – the new right for trade union access and what it might mean for employers
16 Dec 2025
4 min read
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As the government consultation on trade union access to workplaces draws to a close, it strikes me that this particular reform has slipped under the radar compared to some of the more headline issues contained in the Employment Rights Bill. Yet offering trade unions a legal mechanism to access a workplace represents a real change in how employers and trade unions will interact in the future.
By way of reminder, since October, the government has been consulting on the new right for trade unions to access workplaces – both physically and digitally – to meet, recruit and organise workers, and to support collective bargaining. The consultation proposes a formal process for making the request - unions submit an access request using a government template, employers have five working days to respond, and there’s a 15-day negotiation window to agree terms. If talks fail, either the union or the employer can refer the case to the Central Arbitration Committee (CAC) for determination on whether access should be granted and, if so, the terms of that access. Under the government’s proposals, if the access agreement is subsequently breached, either party can complain to the CAC which can issue fines of up to £75,000 for a first breach and £150,000 for repeat breaches against the party in breach.
This proposal has the potential to fundamentally change the landscape for trade union representation. At its heart, the government’s aim in introducing this reform is clear: strengthen worker and collective voice, improve worker representation, and ensure employees have the opportunity to engage with unions. A workforce that feels heard is often more engaged, more productive, and better aligned with organisational values.
But the devil is in the detail and there are a lot of unanswered questions about how the right to access will work in practice.
For example, does allowing physical access to an employer’s premises create a “right to roam”? How will this new right impact sectors (such as manufacturing, financial services, hospitality and defence) which need to restrict access to their sites for security, health and safety or operational reasons? Will employers be required to accompany trade union representatives when accessing sites?
Frequency of access is another issue which could have a real impact. The consultation paper proposes weekly access to the employer’s site on 2 days’ notice from the trade union. For many businesses, including those with multiple sites or those with seasonal peaks in trading like hospitality and retail, this would be challenging.
Digital access also raises practical questions. If unions are to communicate directly with employees using the employer’s intranet or email, how do businesses manage cyber risks, GDPR concerns and employees who do not want the unions to contact them?
Many employers may decide proactively to enter into voluntary agreements with interested trade unions and to agree arrangements which address their concerns and minimise the impact on the business. No trade union looking to recruit members or seek recognition with an employer will want to kick off the relationship on the wrong foot. A well-drafted and clear access agreement could benefit both sides by setting out how and when the union will access workplaces, the practicalities around access (e.g. where the trade union representative may go whilst on site) and parameters around how they engage and communicate with staff. Whilst a proactive approach may seem counter-intuitive – particularly for those employers who are not used to engaging with unions – the alternative to a voluntary agreement could be a CAC-imposed access agreement which might be more difficult to accommodate.
The principle behind the proposal – giving employees the opportunity to be represented collectively – is important to this government. But without workable access arrangements, there is a real risk of disruption and of the objective backfiring. The challenge is finding a balance that respects worker representation while protecting business continuity and compliance.
What happens next?
Consultation closes shortly on 18 December 2025 and in spring 2026 we expect the government to publish a Code of Practice on the trade union right of access. This will set out best practice and include practical guidance on how access should be carried out by both trade unions and employers. The right is expected to come into force in October 2026 along with the obligation on employers to notify employees of their right to join a trade union.
The right to access is not just a legal tweak –it offers the potential for a cultural shift that could redefine workplace dynamics for years to come. Employers, particularly those whose workforces may be an attractive proposition for trade unions, should consider what a suitable access arrangement might look like for their business. This would mean an employer receiving a request from a trade union would be much better prepared, particularly if the tight deadlines proposed in the consultation are retained.
For a comprehensive overview of the Employment Rights Bill’s reforms, please refer to our Employer's handbook to the Employment Rights Bill and beyond.
We have been advising employers across all sectors about how a new emphasis on collective voice might impact their business. If you’d like to discuss how your organisation can prepare for these changes, please get in touch with me or your usual contact within our employment team.
The government believes that strong trade unions are essential for tackling insecurity, inequality, discrimination, enforcement and low pay. When workers are empowered to act as a collective, they can secure better pay and conditions. This will help ensure fairer outcomes for workers and foster a more constructive and collaborative workplace where issues are resolved in a clear and balanced manner. That is why the government is committed to strengthening collective bargaining rights and trade union recognition.