The New Right for Trade Union Access to the Workplace
Are You Ready for 30 October?
From 30 October 2026, independent trade unions will have a new statutory right to request access to workplaces. The new regime is expected to apply to employers with 21 or more workers, and a trade union will not need to be recognised by the employer before making an access request. Access could be in person or digital and could allow trade unions to communicate with workers, recruit and organise members, provide representation and support, and facilitate collective bargaining.
Does This Mean a Trade Union Can Just Turn Up?
No. The new right creates a formal process for requesting and agreeing access. A trade union will normally need to make a written request setting out what access it wants, who it wishes to communicate with and why.
Employers will then have a limited period in which to respond. So this isn’t an unrestricted right for a union official to arrive at reception and demand access to your employees.
But neither will employers simply be able to ignore or automatically refuse a valid request.
What Could Trade Union Access Look Like?
Physical access could include meetings with workers at the workplace, using existing meeting rooms or other appropriate facilities.
Digital access could include online meetings, communications through existing intranet or messaging systems, or employers distributing communications on behalf of a union.
There are still safeguards around disruption, health and safety, confidentiality, commercially sensitive information and data protection. Employers will not, for example, simply be required to hand over employees’ personal email addresses.
Clock Starts Ticking Quickly
Once a statutory access request is received, employers will have limited time to respond and agree arrangements.
Trade Union Makes Request
The employer receives a formal request for workplace access.
Within 15 Working Days
The employer must respond to the access request.
25 Working Days Following the Response
The parties negotiate in good faith with a view to agreeing the access arrangements.
By Working Day 55
If agreement has not been reached, either party may refer the matter to the Central Arbitration Committee (CAC).
Fifteen working days isn’t very long if the first time anybody thinks about this is when the request lands in someone’s inbox.
What Might an Access Agreement Cover?
- when access can take place;
- how frequently;
- which workers are covered;
- where meetings can take place;
- digital communication channels;
- facilities available;
- privacy and confidentiality;
- security and health & safety arrangements; and
- arrangements for different sites or working patterns.
The revised Code points towards model terms including weekly access, notice periods, use of existing facilities and private union/worker communications.
Can You Refuse?
There are circumstances in which access can be refused, but employers should not assume that simply not wanting a trade union in the workplace will be sufficient.
Examples: existing recognised union arrangements, overlapping requests or recognition processes, particular health and safety concerns, or a request requiring significant structural or technological changes.
Even where there is a genuine difficulty with what has been requested, the answer may be to propose a workable alternative rather than simply saying no.
Seven Things Employers Should Do Before October
✔ Decide Who Owns the Process
Who receives a request? Who responds? Who needs to approve the arrangements?
✔ Create a Contact Point
Consider a dedicated monitored email address so a statutory request doesn’t sit unnoticed in someone’s inbox.
✔ Think About Physical Access
Which meeting rooms or other existing facilities could reasonably be made available?
✔ Think About Digital Access
What existing systems could be used without compromising security or personal data?
✔ Consider Your Workforce
Which groups of workers might a union seek to engage with? Remember the threshold and regime concern workers, not simply employees.
✔ Brief Your Managers
Particularly reception, site and operational managers. Someone needs to know what to do if a union official contacts the business or arrives on site.
✔ Keep Records
Keep a clear audit trail of requests, responses, discussions and agreed arrangements.
HR Myth
“We don’t recognise a trade union, so this won’t apply to us.”
Reality
A trade union will not necessarily need to be recognised by your business before it can make a statutory access request. That’s precisely why employers with little or no previous union involvement need to understand the new regime before it takes effect.
HR Myth
“I’ll just tell them they can’t come in.”
Reality
There are circumstances in which access may legitimately be refused or restricted, but an employer cannot simply disregard a valid statutory request because it does not want union involvement. Where the requested arrangements create genuine problems, employers should consider whether reasonable alternatives could address them.
Kathryn’s Top Tip
Don’t wait for the first access request to work out what you’re going to do.
Decide now who will deal with requests, who needs to be involved in the decision and what physical and digital access you could reasonably provide.
If a request arrives after 30 October, the clock will already be ticking.
⚠️ And Don’t Forget…
Also in October 2026: information about the right to join a trade union will need to be included in written employment particulars
This probation compliance system helps you put clear, documented processes in place reducing the risk of tribunal exposure and avoiding uncapped tribunal compensation.
Poorly managed probation is one of the most common causes of tribunal risk in small businesses.
Are You Ready for a Trade Union Access Request?
If you employ 21 or more workers, now is the time to decide how your business would respond to a trade union access request.
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Kea HR can help you understand the new requirements, review your existing arrangements and put a practical process in place before the new rules take effect. Speak directly with our CIPD-qualified HR expert with 30+ years’ experience. |
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