25.03.2026

Under the Employment Rights Act 2025 (the Act), certified independent trade unions will have a new statutory right to request access to workplaces for a broad range of “access purposes” (i.e. to meet, support, represent, recruit and organise workers – whether or not they are members of a trade union – and to facilitate collective bargaining). Although organising industrial action has been expressly excluded from the permitted access purposes, this new right of access is a unique and significant development for all employers. Below, we look at the rules in closer detail and consider how employers can prepare.

What are the current rules?

Under the existing legal framework, if a trade union is recognised by an employer there can/may be a recognition and/or facilities agreement in place enabling union officials to access the workplace. Where a union is not officially recognised by the employer, it has no right, other than acting for individual employees in disciplinary and grievance proceedings, to access an employer’s premises (unless the employer permits otherwise).

How will employers request access under the new rules?

If (once the new rules are in force) a union wants to request access to the workplace, it will need to give the employer an "access request". This will need to be delivered in a prescribed form and manner (we expect a template form to be provided). The request could seek access to the workplace on one or more occasions and propose terms of access (including any assistance the union would like the employer to provide). ‘Access’ will cover both physical entry and digital access so could, for example, include email approaches and online webinars.

The employer may issue a “response notice” before the end of the "response period”, in which it will either agree or object to the request (in whole or in part). If the employer agrees, a "negotiation period" will follow, during which the parties will agree written access terms. We expect the length of the relevant timeframes to be set out in regulations but, based on the Government’s recent consultation, they could be very tight. (The Government has indicated that the “response period” could be five working days, and the “negotiation period” could be 15 working days, which are short time frames.) Once access terms have been agreed, the parties will jointly notify the Central Arbitration Committee (CAC) in a prescribed form (likely using a template form) and proceed with the access.  

What if access terms are not agreed?

If the employer fails to respond to the access request, or if the terms of an access agreement are not concluded before the end of the negotiation period, the union can make an application directly to the CAC which will have the power to order access arrangements. When determining applications, the CAC will consider the "access principles" which are set out in the Act. These include that access should be allowed unless it would “unreasonably interfere with the employer’s business”, and that an employer should take “reasonable steps” to facilitate access.  

The CAC will only be able to refuse access to a workplace entirely where “it is reasonable in all the circumstances to do so” (a very high threshold). The Government has indicated that regulations will specify circumstances under which the CAC must refuse access (for example, circumstances that would prejudice the security or defence of the UK, or the investigation or detection of offences). 

We know from the recent consultation, that the Government intends to publish “model terms” which the CAC will use as a benchmark for what is generally appropriate in relation to access terms (these are likely to be included in forthcoming regulations).

The CAC will also have powers to enforce access agreements once they are in place, and to issue financial penalties for non-compliance. The Government has consulted on how the value of these penalties should be calculated: the consultation document proposed a tiered approach to penalty fines (i.e. a standard maximum cap of £75,000 for an initial breach and up to £150,000 for repeated breaches). 

What should employers look out for next?

As mentioned above, the Government has consulted already on various aspects of these proposals (see here and here) and has indicated that it will consult on a new Code of Practice on Trade Union Right of Access during Spring 2026. The Code of Practice is expected to set out best practice and include practical guidance on how access should be carried out (along with template forms). We will update you as soon as these are published.

Various operational details about the new rules remain unclear, and we know that many of the employers we advise have concerns about the degree to which this new union right of access could negatively impact their day-to-day business operations.  Hopefully the anticipated regulations will shed some light on the detailed aspects of the plans. For example, we are waiting for clarity on the following:

  • What time periods will apply to the access process (i.e. whether the response period and negotiation periods will be as outlined above, or whether different timeframes will apply.) 
     
  • How frequently union officials will be allowed to access a workplace. (The Government has indicated that weekly access (physical, digital or both) might be reasonable and that unions should give two working days’ notice of any access.)
     
  • How many union officials will be allowed to enter a workplace at any one time and whether management be allowed to accompany union officials while they are on-site and/or be present during on-site meetings. (Employers will be keen to avoid union officials having scope to just to “roam around”.)
     
  • What will constitute "reasonable steps" an employer must take to facilitate access. (The Government has indicated that employers should not be required to make significant structural changes to their workplace, such as constructing new meeting spaces or implementing a new IT system, but it remains to be seen what will count as “reasonable steps”.)
     
  • What digital access will be reasonable. (Will union officials will have the right to access an employer’s email, intranet and wider IT systems regularly? Clearly, there are cyber security and data protection issues to consider. Notably, "access" means both physical entry into the workplace, and communication with workers (it will not suffice for an employer to just provide one or the other)).
     
  • Whether employers with fewer than 21 workers will be exempt.
     
  • How employers will be expected to deal with multiple access requests received from trade unions simultaneously.
     
  • How long access agreements will last. (The Government has indicated that access agreements could expire two years after they come into force.)

Crucially, it also remains to be seen how the right of union access will be balanced against safety and/or security risks in sectors like manufacturing, defence and finance. This is of key relevance to our Make UK members, as manufacturing workplaces need to ensure stringent health and safety procedures, and a critical part of the practical considerations for employers in accommodating access requests (including the notice period for on-site visits) is ensuring that visitors are accessing the site safely.

How can employers prepare?

This new statutory entitlement for unions to access workplaces marks a key shift in the employee relations landscape. It seems likely that once an access agreement is reached the union will hope for a growth in membership, which in turn might bolster the case for recognition. Equally, this may foster open communications between employers and employees and contribute positively to workplace culture. 

Even if your organisation does not currently recognise a union, your business could be impacted once the new rules are in force, so you need to prepare.

Moving forward it will be increasingly important for you to listen to and involve your workforce, and to address their concerns. Now is therefore a good time to review the status of employee relations and engagement within your organisation. 

When the regulations are published and commencement dates confirmed, you will need to update your operational policies and procedures (including, for example, being clear about who within your organisation will be responsible for receiving and negotiating access requests, plus keeping track of the relevant statutory timelines).  Equally, relevant staff will need to understand what facilities and accommodations have been agreed, so no misunderstandings occur.

You should invest in training your managers and HR to ensure they have the necessary skills to work successfully with unions. They will need to understand how trade unions operate, and develop strong skills in negotiating and managing conflict. 

Other changes on the horizon

Don’t forget that these new union access rules form just one element of the Government’s planned reforms under the Act. You can read more about the other changes (and how to prepare) in our Employment Rights Act Knowledge Base. In particular, our Trade Unions/Industrial Action Spotlight covers: union rights of access; a new obligation on employers to provide workers with a written statement of their right to join a trade union; simplification of strike action rules; protection for strike action; simplification of the statutory recognition process; enhanced right to time off; and electronic and workplace balloting.

How we can help

Our HR and legal experts have significant experience in advising members on trade union and industrial action related issues. Our ER consultants can work alongside your HR and leadership teams to support you with the following: 

  • Preparing for increased union access: Reviewing your current arrangements, designing compliant access processes, and supporting responses to union requests. 
     
  • Managing recognition activity and CAC processes: Practical support with recognition requests, bargaining units, ballots, and next steps following recognition. 
     
  • Collective bargaining and negotiations: Hands-on help with pay negotiations, collective discussions, and manager coaching during high-pressure conversations. 
     
  • Building manager and HR capability: Training and guidance to help managers and HR teams understand new rights, roles and expectations, and build confidence in negotiating and engaging with trade unions in practice (supported by Working Successfully With Trade Unions). 
     
  • Identifying and managing industrial action risk: Early risk assessment, support with lawful responses, and clear communication planning. 
     
  • Strengthening consultation and employee engagement: Advice on works councils, consultation structures, and addressing the issues that often sit behind union activity. 

If you haven’t yet done so, you can download our free Employment Rights Act Planner for clear timelines and practical next steps. 

If you would like a deeper insight, we can provide an Audit and Impact Assessment (a structured review to help you understand your levels of risk, prioritise actions and plan with confidence). 

You may also wish to register your interest in our Employment Rights Act Training for Managers.

Over the coming weeks, our Policy Team will submit responses to the various Government consultations on the Employment Rights Act which are currently “live” and is keen to hear your views.  For example, the Government is currently consulting on the revised Code of practice on access and unfair practices during the recognition/derecognition process (see question 2 of the ⁣HR and Employment Law FAQs March 2026 for details).

Please click here for information on how we can help your business.