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

In this webinar, we discussed the new statutory right for trade unions to seek access to workplaces, helping attendees understand what it means for their organisation.

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

The most significant of these rights for many employers was the new right of trade union access. Coming into force on 30 October 2026, this right enabled 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 was able to make a request for access even where it was not recognised by the employer and had little or no existing membership or presence within the workforce.

This represented a significant change for employers, with only those with fewer than 21 workers (effectively) exempt. Previously, if a voluntary access arrangement could not be agreed, there was no statutory mechanism allowing unions to access the workplace. By introducing a formal process through which unions could request (and, if successful, enforce) access agreements, the Employment Rights Act 2025 changed this.

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

This new right formed 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.

In the webinar, we discussed:

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.