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.

Are Smaller Employers Exempt?

Generally, employers with fewer than 21 workers are excluded from the new statutory access arrangements. However, exceptions apply to workers covered by the Adult Social Care Fair Pay Agreement and the School Support Staff Negotiating Body.

Employers should also remember that the threshold relates to workers, not simply employees, and workforce numbers may need to be considered across associated employers.

The 21-worker threshold is not as simple as a headcount on the day. The regulations also examine the average workforce over the preceding 13 weeks, which may matter if your headcount is hovering around the threshold.

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.

Fifteen working days isn’t very long if the first time anybody thinks about this is when the request lands in someone’s inbox.

The regulations allow an extension to working day 70 where the CAC is satisfied that an application could not reasonably have been made by working day 55. That’s worth adding as a small note below your existing timeline.

What Happens If You Cannot Agree Access?

If an employer fails to respond to a valid request, or the parties cannot agree suitable arrangements, the matter can be referred to the Central Arbitration Committee (CAC).

The CAC can determine whether access should be granted and, if so, on what terms. This could include the frequency of access, which under the model terms may be weekly.

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.

What Are the Penalties for Non-Compliance?

The CAC will also be responsible for enforcing statutory access agreements, with substantial financial penalties available where those agreements are breached.

The maximum penalties are:

• First penalty: £75,000
• Second penalty: £150,000
• Third and subsequent penalties: £500,000 each

These are maximum penalties, not automatic fines. The CAC will consider factors including the seriousness and duration of the breach, the reasons for non-compliance, the number of workers affected, the employer’s size and resources, and any previous failures to comply.

For employers, the message is clear: ignoring an agreed access arrangement could prove extremely expensive.

Seven Things Employers Should Do Before October

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 from January 2027: information about the right to join a trade union will need to be shared with employees

Learn More

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.

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.

Book Your Free Intro Call

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