On 30 October 2026, independent trade unions gain a powerful new right to request access to workplaces for certain purposes and to communicate with an employer’s workforce.  If the employer does not agree to the union’s request, in most cases the Central Arbitration Committee will make an order granting access.

What is the current position and what’s changing?

Currently, trade unions do not have a statutory right to general access to a workplace, although they may agree access with an employer on a voluntary basis. 

On 30 October 2026, the Employment Rights Act 2025 will amend the Trade Union and Labour Relations (Consolidation) Act 1992 to provide independent trade unions (i.e. those with a certificate of independence and not under the control or influence of an employer) with a right to access workplaces.  This covers the right to physical access and to communicate with workers directly or indirectly.  However, the access must not unreasonably interfere with the employer’s business.

The legislative scheme will be supplemented by the statutory Code of Practice: Right of trade unions to access workplaces.  The Code will provide practical guidance on how the new right of access should work and compliance with the Code may be taken into account in relevant proceedings.

This change will give trade unions a statutory right to gain access to workplaces for the first time.

How will the right of access work?

• Step 1: The trade union makes the request. The trade union must ask the employer to enter into an access agreement with them, which would allow the union’s officials to have access to the workforce for various purposes. Legitimate access purposes are to meet, support, represent, recruit or organise workers, whether they are members of the trade union or not.  It is also legitimate to gain access to facilitate collective bargaining.  However, access for the purpose of organising industrial action is not permitted.  Access requests must be in the prescribed form and contain prescribed information – including what type of access is requested and the frequency and duration of any physical access.  The Code annexes a standard template that unions may use for this purpose, although they are not obliged to so.

• Step 2: The employer responds to the request. The employer may issue a response notice (in the prescribed form and containing the prescribed information) to the union before the end of the response period.  The response period is 15 working days after the day on which the access request is given.  If the employer fails to respond by the end of the response period, or if they reject the request, the union may apply to the Central Arbitration Committee (the CAC) to ask for a determination on whether access should be granted and, if so, on what terms.  However, if the employer agrees to enter into an access agreement, the employer and trade union will then enter into a negotiation period to attempt to agree the terms of access.

• Step 3: The negotiation period ends. The negotiation period ends 25 working days after the day on which the employer’s response notice is given.  If an agreement is reached the parties must notify the CAC and lodge a copy of the agreement with them.  However, if the parties fail to reach an agreement, either party may apply to the CAC asking it to make a determination.  An application to the CAC must be made within 55 working days after the day on which the access request was made.

• Step 4: If necessary, the CAC will determine access.  The default position is that the CAC will grant access in a manner which does not unreasonably interfere with the employer’s business.  If the CAC grants access, it must consider whether to do so on “model terms”.  Amongst other things, these model terms provide for weekly access, the provision of accommodation and facilities as is reasonable and at least two working days’ notice before each access take place.  There are some circumstances in which the CAC will not grant access.  These are where the employer has fewer than 21 workers or where it is necessary in the interests of national security or to prevent, detect or prosecute criminal offences.  There are other circumstances where CAC may refuse to grant access.  These are where there are overlapping access arrangements, multiple access requests or where it might jeopardise health and safety.

Where a party breaches an access agreement, the other party may make a complaint to the CAC.  Ultimately, the CAC is able to issue penalties of up to £75,000 for a first breach, up to £150,000 for a second breach and up to £500,00 for third and subsequent breaches.

What does this mean for employers?

Employers should consider how likely it is that an access request will be made and whether any of the exclusions discussed at “Step 4” above apply.  In most cases, it would be sensible to at least determine who in the business will be responsible for handling and responding to any access requests.  Given the short time frame for responding (15 working days), it is better to decide this in advance to maximise the time available for considering the substance of the request.

It would also be sensible to take a preliminary view on whether you would be willing to agree to negotiate an agreement.  In many cases, it would be preferable to give it a try as you will then be in a position to negotiate terms that suit you.  Otherwise you risk terms (possibly model terms) being imposed by the CAC.

It is worth remembering that even if a trade union does gain the right to access your workplace and communicate with your staff, you are not obliged to encourage or compel your staff to attend such meetings or communicate with the trade union.  That said, at the same time, you should not discourage staff from attending or communicating, or subject anyone to a detriment for expressing a wish to attend or communicate.  All you are obliged to do is facilitate the meeting or communication in accordance with the access agreement.

BDBF is a law firm based at Bank in the City of London specialising in employment law.  If you would like to discuss any issues relating to the content of this article, please contact Principal Knowledge Lawyer Amanda Steadman (amandasteadman@bdbf.co.uk) or your usual BDBF contact.