If your business doesn’t recognise a trade union, you may assume the new trade union access rules have little to do with you. From 30 October 2026, that assumption could leave employers unprepared.
Under the Employment Rights Act 2025, qualifying independent trade unions will gain a new statutory route to request physical or digital access to workplaces. This can include access to meet, support, represent, recruit or organise workers, including workers who aren’t already union members.
For employers with 21 or more workers, a formal request also starts a process with strict deadlines. Employers will generally have 15 working days to respond, and simply refusing because the business doesn’t recognise the union isn’t enough.
The new rules don’t give unions unrestricted access to your premises. They do, however, change how employers need to handle union approaches.
With 30 October approaching, businesses need to understand where the boundaries sit and have a clear process ready before the first request arrives.
What Is Changing on 30 October 2026?
From 30 October 2026, qualifying independent trade unions will have a new statutory route to request access to workplaces in Great Britain. Access can be physical, digital or a combination of both.
The new right allows union officials to access workers for specific purposes, including:
- Meeting and supporting workers.
- Representing workers.
- Recruiting new union members.
- Organising workers, whether they are already union members or not.
- Facilitating collective bargaining.
The right doesn’t extend to organising industrial action.
Digital access also broadens what workplace access can mean. It can include an employer facilitating an online meeting or sending a union communication to workers through existing workplace channels.
For employers, this creates a formal process where none previously existed in many non-unionised workplaces. A business not currently recognising a trade union doesn’t automatically fall outside the new framework.
Does the New Right Apply to Your Business?
The new rules aren’t limited to businesses that already recognise a trade union. An independent trade union can request access even without an existing recognition agreement.
The key threshold is 21 workers. The Central Arbitration Committee (CAC) cannot impose an access agreement on employers below this threshold. Worker numbers are assessed across the employer’s workplaces, so a smaller individual site isn’t necessarily exempt.
For employers, the message is simple: no recognised union doesn’t mean they can ignore an access request.
What Can a Trade Union Actually Request?
A trade union can request physical or digital access to workers for specific purposes. This could include meeting employees at the workplace, holding an online meeting or communicating with workers through agreed digital channels.
Access can be used to:
- Recruit and organise workers.
- Meet and support union members.
- Represent workers.
- Support collective bargaining.
- Communicate with workers who aren’t currently union members.
The right does not give union officials unrestricted access to the workplace, nor can it be used for organising industrial action. The practical arrangements still need to be agreed with the employer.
What Happens When an Access Request Arrives?
Once a trade union submits a formal access request, the employer generally has 15 working days to respond.
The employer can agree to the proposed arrangements or suggest different terms covering when, where and how access will take place. If changes are proposed, the employer and union then have a further period to try to reach an access agreement.
This is why access requests shouldn’t sit unanswered in an inbox. Employers need a clear process to identify a formal request, escalate it to the right person, and respond within the required timeframe.
If the parties cannot reach an agreement, the union can take the matter to the Central Arbitration Committee (CAC).
Can You Control How a Trade Union Accesses Your Workplace?
The new right doesn’t mean union officials can access any part of the workplace whenever they choose. Employers can negotiate practical arrangements around when, where and how access takes place.
Depending on the workplace, this may include:
- Health and safety requirements.
- Security and visitor procedures.
- Safeguarding rules.
- Suitable meeting areas.
- Timing around shifts and working hours.
- Avoiding unnecessary disruption to operations.
Any restrictions should have a genuine workplace reason. The aim is to allow meaningful access while ensuring the business can continue operating safely and effectively.
Does Digital Access Mean Sharing Employee Details?
Digital access does not automatically mean giving a trade union employees’ personal email addresses, phone numbers or other contact details.
Instead, employers and unions can agree suitable ways to communicate with workers digitally. This could include:
- Employer-forwarded union communications.
- Online meetings during agreed times.
- Access through appropriate workplace communication channels.
Employers still need to consider their data protection responsibilities when deciding how digital access will work. Employers should not share personal employee information simply because someone has requested access.
Are Your Managers Prepared for a Union Approach?
A union representative may approach a line manager, site manager or reception team before the request reaches HR. Those employees need to know how to respond.
Managers should understand:
- Who union requests should be referred to.
- Which workplace and visitor procedures still apply.
- Not to agree or refuse access without checking the correct process.
- Not to discourage employees from speaking to or joining a trade union.
- When to involve HR or senior management.
A quick refusal or inappropriate comment can create unnecessary problems. Giving managers clear instructions before 30 October helps ensure the business handles union approaches consistently.
What Happens If You Cannot Agree?
If an employer and trade union cannot agree on suitable access arrangements, the union can refer the matter to the Central Arbitration Committee (CAC).
The CAC can consider the proposed arrangements and determine the terms of an access agreement. This may include how, when and where the union can communicate with workers.
Once an access agreement is in place, both sides are expected to follow it. Failure to comply can lead to further CAC proceedings and, in some cases, financial penalties.
For employers, keeping clear records of requests, responses and proposed arrangements can help demonstrate that the process has been handled properly.
Practical Employer Checklist: Are You Ready for a Union Access Request?
Employers shouldn’t wait for an access request to decide how to handle it. Before 30 October, check that your business has:
- Identified who will receive and respond to union access requests.
- Briefed managers, reception and security teams on what to do if approached.
- Reviewed visitor, security, health and safety and safeguarding procedures.
- Identified suitable areas where physical access could take place.
- Considered how digital meetings and communications could be facilitated.
- Reviewed data protection procedures before sharing any employee information.
- Set up a process for recording requests, responses and agreed arrangements.
- Established when HR or legal advice should be sought.
For multi-site employers, the same process should be understood across every location. A clear procedure can help prevent rushed decisions and inconsistent responses when the new rules take effect.
Common Mistakes Employers Need to Avoid
The new rules may be unfamiliar, particularly for businesses with little or no previous union involvement. Some of the most common mistakes are likely to include:
- Assuming the rules only apply to businesses with a recognised union.
- Ignoring or delaying a formal access request.
- Allowing managers to accept or refuse access without following the correct process.
- Using security or operational disruption as a blanket reason to prevent access.
- Sharing employee contact details without considering data protection requirements.
- Failing to keep records of requests, responses and agreed arrangements.
- Treating employees negatively because they engage with or join a trade union.
A clear process can help employers avoid these mistakes while ensuring requests are handled consistently and within required timescales.
Does the New Trade Union Right of Access Apply in Northern Ireland?
No. The new statutory workplace access framework applies to employers in England, Scotland and Wales.
Employment and trade union law is devolved in Northern Ireland, where separate legislation still applies. This means employers operating across both Great Britain and Northern Ireland may need different procedures depending on where their workers are based.
For businesses with sites across the UK, HR policies and manager guidance should clearly reflect this distinction rather than applying the new Great Britain rules across every location.
How HR Team Can Help
The new right of access may be unfamiliar territory for employers that have never dealt directly with a trade union. HR Team can help you prepare before the rules take effect and provide support if your business receives an access request.
We can help with:
- Reviewing your existing policies and workplace procedures.
- Creating a clear process for handling union access requests.
- Preparing managers and HR teams for union approaches.
- Reviewing proposed access arrangements and employer responses.
- Supporting your business where an access request becomes disputed.
- Providing guidance for businesses operating across Great Britain and Northern Ireland.
With 30 October approaching, employers need to know who will handle an access request, how managers should respond and what arrangements can reasonably be put in place.
Contact HR Team to review your trade union access procedures and prepare your business for the new rules before 30 October 2026.
Trade Union Right of Access FAQs
Can a trade union enter my workplace without permission?
The new right doesn’t allow union officials to simply arrive and enter any part of your workplace. Access should follow the statutory request process and the arrangements agreed with the employer or determined by the Central Arbitration Committee (CAC).
Does the new right apply if we don’t recognise a trade union?
Yes. A union doesn’t need to be formally recognised by your business before it can make an access request. This is why employers with little or no previous union involvement should still prepare for the new rules.
Which employers are covered by the new trade union access rules?
The statutory access framework applies in Great Britain. An important threshold applies where the CAC is asked to impose an access agreement: it cannot do so where the employer has fewer than 21 workers. Employers should consider their overall workforce rather than assuming a small individual site is exempt.
Can an employer refuse a trade union access request?
Employers can raise legitimate concerns and negotiate how access will work, including around health and safety, security, safeguarding and operational disruption. However, simply refusing because you don’t recognise the union isn’t enough. If you can’t reach an agreement, you can refer the matter to the CAC.
Do I have to give a trade union employees’ email addresses?
Not automatically. Employers can facilitate digital access in other ways, such as forwarding union communications or arranging online meetings. Employers should consider their data protection obligations before sharing any employee personal information.
How quickly do employers need to respond to an access request?
Employers generally have 15 working days to respond to a formal request. This makes it important that managers and other employees know where to send union correspondence so a request isn’t overlooked or left unanswered.
