New statutory rules will give trade unions structured rights to access workplaces – faced with a myriad of requirements to follow and failure to comply carrying hefty penalties, now is the time for employers to start laying the groundwork ahead of October.
Contributors: Clive Day and Cory Doran.
What is changing?
Historically, trade unions have not had a general independent right to access a workplace – rather, access has previously only come with formal standing (recognition) in respect of a group of workers.
As of October 2026, this is set to change. Section 59 of the Employment Rights Act 2025 inserts a new Chapter 5ZA (new sections 70ZA to 70ZN) into Part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 to give trade unions the right to access workplaces.
At the end of 2025, the government consulted on how this right would work in practice. On 8 April 2026, the government published the outcome, along with a draft Code of Practice on the ‘Right of Trade Unions to Access Workplaces’ setting out how the statutory right of access should operate in practice – including how access requests should be made, how employers should respond, how constructive engagement should be facilitated, and how the Central Arbitration Committee will exercise its functions where agreement cannot be reached. Trade unions will be able to request access for the purposes of meeting, recruiting, representing or organising workers, or to facilitate collective bargaining.
How could the changes affect your business?
Where an access request is made, qualifying employers should respond, outlining whether the request is agreed or declined, within 15 working days. If discussions continue, parties then have a further 25 working days to negotiate the terms. Businesses may need to provide meeting space, digital access, and ensure privacy for union-worker discussions regarding access. Employers must take reasonable steps to accommodate a trade union’s request, but this should not come at the expense of the day-to-day operations of the business. Ultimately, where no access agreement is reached, the Central Arbitration Committee will have the power to impose one.
Any agreement reached must be registered with the Central Arbitration Committee. In the event of repeated breaches of any access agreement or failure to negotiate terms, the Committee can impose access terms and issue financial penalties ranging from £75,0000 to £500,000.
Stronger access rights will likely result in stronger collective bargaining – typically reflected in increased wages, enhanced worker benefits, and improved conditions. Some businesses may also lose the flexibility they once enjoyed, as more organised labour generally increases the likelihood of formal grievances or industrial action – which can, in turn, increase operational risks.
What steps can you take to prepare?
While the relevant legislative provisions are not due to come into force until October 2026, now is the time to familiarise yourself with the requirements.
It is crucial to remain alert to the possibility of a short-notice request for access, and equipped with the know-how to avoid getting caught out by the need to respond within 15 working days.
In particular, you should review the Draft Code and monitor the associated consultation, which will culminate in a final version being published which employers must comply with; failure to do so carries a risk of intervention by the Central Arbitration Committee and potential financial penalties.
Employers unfamiliar with trade union participation may need to prepare themselves, as the impact of trade union involvement in the workplace will increase significantly in certain sectors.
Key takeaways
- Remain alert to the need to follow strict timelines and negotiation duties if you receive a request from a trade union for access.
- Review the Draft Code and monitor the associated consultation.
Please be advised that this is an update which we think may be of general interest to our wider client base. The insights are not intended to be exhaustive or targeted at specific sectors as such, and whilst we naturally take every care in putting our articles together, they should not be considered a substitute for obtaining proper legal advice on key issues which your business may face.