The new trade union right to access workplaces – an at-a-glance update

From 30 October 2026, trade unions will gain a new statutory right to access workplaces as a consequence of the Employment Rights Act 2025. This will allow unions to request workplace access agreements so that they can meet, support, represent, recruit and organise workers and facilitate collective bargaining. Following a period of consultation, the government has now published a new Code of Practice (the “Code”), which provides a clearer picture of how this new right will work in practice.

Employers who have not traditionally engaged with or recognised trade unions may assume this new right will have little relevance to them. However, a key feature of the regime is that trade unions will be able to request access even where they have little or no existing presence within the workforce. This is therefore a development that all HR teams should have on their radar.

Whilst we explain the new right in detail in our update here, below I identify four key points HR teams should know about the new right, together with a series of practical steps employers may wish to action before the new regime comes into force.

Four key points every HR team should know 

1. There will be a presumption in favour of allowing trade unions access: the Code is clear that trade unions should generally be able to access workers, provided this does not unreasonably interfere with an employer’s business. This means employers will not be able to refuse access simply because it would be inconvenient. Instead, it may be best to consider proactively negotiating with trade unions to agree reasonable and workable access terms. 

2. Access is not limited to workplace visits: whilst trade unions may seek physical access to your premises to hold meetings with workers in person, they can also request digital access through channels such as email, intranet platforms and online meetings. In practice, digital access may be the route through which many trade unions initially seek to engage with workers, as it can potentially be deployed more efficiently across multiple workplaces and dispersed workforces. Importantly, GDPR protections for your workers’ personal data will continue to apply. 

3. Access can have practical and operational implications: ermployers are expected to help facilitate access (for example by making meeting space available and circulating details of meetings). The Code also provides that workers attending trade union meetings during working time under an agreed access arrangement should be paid in full for the time spent attending the meeting. 

4. If access cannot be agreed, it may be imposed: if employers refuse or ignore access requests, a trade union can refer their request to the Central Arbitration Committee (CAC), an independent statutory body which can determine whether access should be granted and, if so, on what terms. The CAC can also enforce access arrangements and, in cases of non-compliance, can impose significant financial penalties.

How can employers prepare? 

If you think you may receive an access request, you may want to consider taking the following steps before October:

1. Industrial relations strategy: consider how the new access right fits within your wider industrial relations strategy, including any potential future requests for voluntary or statutory trade union recognition. 

2. Proactive engagement: consider whether to proactively discuss access arrangements with a recognised trade union before the statutory regime comes into force. Agreeing arrangements in advance may provide greater certainty and flexibility than negotiating access requests once the statutory process is in place.

3. Ownership and governance: identify who will be responsible for receiving, assessing and responding to access requests, and ensure requests are not overlooked or left sitting in a shared inbox.

4. Operational planning: consider how access could work in practice within your organisation and what arrangements would be necessary to minimise disruption to operations. This may include thinking about suitable meeting locations, access times, confidentiality requirements and any workplace-specific operational constraints.

5. Digital access: review the digital channels that could potentially be used for trade union access, such as email systems, intranet platforms and employee messaging tools.

6. Employee engagement: consider whether your existing employee engagement arrangements remain effective and whether employees have meaningful opportunities to raise concerns and influence workplace decisions.

We explore additional practical steps employers can take in our full update here.

If we can help your organisation with any of the issues raised in this update or with any other aspect of the new Employment Rights Act 2025, please contact me or get in touch with any other member of the Burges Salmon Employment team.

"A clear and workable right of access framework can help workers to hear from independent trade unions, support effective engagement in the workplace, and provide clarity and certainty for all parties in navigating trade union access into the workplace."

https://www.gov.uk/government/consultations/make-work-pay-draft-code-of-practice-on-trade-union-right-of-access