The trade union right of access – an employer walk-through of the new regime

In this webinar, we will discuss the new statutory right for trade unions to seek access to workplaces so you can understand what it means for your organisation.

The government was clear when it came to power that it wanted to enhance collective voice in the workplace – and it has looked to strengthen trade union rights as its main vehicle for achieving that aim.

The most significant of these rights for many employers will be the new right of trade union access. Coming in on 30 October 2026, this right will enable independent trade unions to seek physical and/or digital access to workers for the purpose of meeting, supporting, representing, recruiting and organising workers, and facilitating collective bargaining. Importantly, a union will be able to make a request for access even where it is not recognised by the employer and it has little or no existing membership or presence within the workforce.

This is a significant change for employers – only those with fewer than 21 workers are (effectively) exempt. Currently, if a voluntary access arrangement cannot be agreed, there is no statutory mechanism allowing unions to access the workplace. By introducing a formal process through which unions can request (and if successful, enforce) access agreements, the Employment Rights Act 2025 changes this.

A new, accompanying Code of Practice sets out how the right will operate in practice and reflects a strong expectation that employers and unions will engage constructively in seeking to agree access arrangements wherever reasonably possible.

This new right forms part of a wider package of reforms intended to strengthen trade union presence in the workplace, including a duty on employers to inform workers of their right to join a union.

If you want to be ready for the new regime, understand the key takeaways from the Code of Practice, and know what to do if a union access request lands on your desk, join our webinar where we will discuss:

What is meant by “access”

• scope of the new regime
• purpose of access
• physical and digital access
• access to third-party premises

How a trade union can request access

• initial engagement
• the formal request process
• information to be included

How to respond to an access request

• understanding the timeframes to respond
• accepting a request
• negotiating and agreeing to a varied request
• refusing a request

How access agreements will be enforced

• the role of the Central Arbitration Committee
• potential financial penalties
• enforcement against third parties

Next steps for employers

• wider industrial relations strategy and employee engagement
• governance
• operational planning
• policies, procedures and training
• risk management and compliance

What else is changing?

• overview of other trade union law changes
• including the obligation to notify employees of their right to join a trade union.