Are you ready for changing trade union rights?
Whether you already work with recognised unions or are preparing for increased union activity, clear processes and capable managers can help you respond consistently, reduce the risk of disputes and maintain constructive working relationships.
We can support you through specialist consultancy and practical training for HR teams, managers and business leaders.
New trade union access rights are expected to take effect from 30 October 2026, subject to Parliamentary approval. They will change how trade unions can communicate with workers, including through physical and digital access.
In this Making News discussion, our policy, legal and employee relations experts consider what the changes could mean for employers. They discuss the questions businesses should be asking now, how managers and site teams may be affected and why preparation matters for both unionised and non-unionised organisations.
New trade union access rights
Subject to Parliamentary approval, new trade union access rights are expected
to take effect from 30 October 2026.
Trade unions will be able to request physical access to workplaces and digital access to workers. Employers will also have a new duty to inform workers of their right to join a trade union.
Businesses should consider:
- how access requests will be received and assessed
- who will take ownership of the response
- how physical access could work across their sites
- how digital communication with workers could be managed
- what managers, reception staff and site teams need to know
- when legal advisers or senior leaders should be involved
These questions may be particularly important for employers with no recognised union, several sites or different union arrangements across the organisation.
How we can support you
Prepare for new trade union access rights
Our legal, HR and employee relations specialists can help you prepare before an access request arrives, respond to a live request or test how your leaders and managers would handle one in practice.
Are you ready for an access request?
If a trade union access request arrived tomorrow, would everyone involved know what to do?
We can review your current position, identify gaps and help you put clear processes in place before you need to use them.
Have you received an access request?
If a request has already arrived, you may will need to make decisions quickly about what happens next, who needs to be involved and how you respond to the union.
Our employment lawyers and employee relations specialists can work alongside you to assess the request and manage your response.
Would your managers know what to do?
A process may look clear on paper, but what happens when your managers have to use it?
We can put your team through a realistic union access situation and test how decisions would be made in practice. For example: It is 9.05am on Monday. HR receives a request for physical access to three manufacturing sites and digital communication with the workforce. What happens next?
What successful trade union relationships require
A constructive relationship does not mean employers and trade unions will always agree. It means there are clear ways to share information, raise concerns, consult and work through areas of disagreement.
The foundations include:
- Clear responsibilities: Both sides understand who is responsible for discussions, decisions and communication, and when an issue needs to be escalated.
- Regular communication: Ongoing contact creates opportunities to raise concerns early, share relevant information and avoid unnecessary surprises.
- Early engagement: The right people are involved at a stage when there is still time to understand concerns and consider realistic options.
- Effective consultation: Representatives receive relevant information and a meaningful opportunity to respond before decisions are made.
- Prepared managers: Managers understand their role, communicate consistently and know when to involve HR, senior leaders or legal advisers.
When trade union relationships are tested
Even well-established relationships can come under pressure during negotiations, organisational change or a developing dispute.
Negotiations
Negotiations under a collective agreement may cover pay, hours, holidays and other terms and conditions. Employers need to be clear about their objectives, the evidence supporting their position, where there may be flexibility, who has authority to make decisions and how progress will be communicated.
Organisational change
Restructures, redundancies, shift changes, pay changes and changes to working practices may involve consultation obligations, operational constraints and strongly held workforce concerns. Clear consultation processes can help both sides identify the issues and keep discussions focused on the proposed change.
Difficult employee relations and disputes
Warning signs can include communication deteriorating, positions becoming fixed, the same issues remaining unresolved, growing workforce dissatisfaction or escalating union activity. Acting early gives both sides more opportunity to clarify the issue and review the process being followed.
Build your team's trade union capability
Our Working Successfully with Trade Unions training provides practical guidance for unionised and non-unionised employers. Choose the course that reflects your organisation's current position:
The new right of Union access and beyond for non-unionised employers
For employers without a recognised union, this half-day course helps HR teams and managers understand the legal and practical issues that can arise if union activity develops.
The new right of Union access and beyond for unionised employers
For managers and HR specialists working with a recognised trade union, this half-day course covers the changing legal framework and the practical management of union relationships, disputes and industrial action.
Frequently asked questions
Constructive relationships are supported by clear responsibilities, regular communication, early engagement and agreed processes for consultation and negotiation. Managers should also understand their role and know when to involve HR or legal advisers.
Collective bargaining is the process through which an employer and a recognised trade union negotiate matters such as pay, hours, holidays and other terms and conditions for a defined group of workers.
An employer may choose to recognise a trade union voluntarily. A union may also apply for statutory recognition through the Central Arbitration Committee where the legal requirements are met.
Managers should communicate consistently, follow agreed processes and avoid making commitments they are not authorised to make. They should know which matters they can handle and which need to be passed to HR or senior leaders.
Employers should identify the underlying issue, check whether agreed processes are being followed and act before positions become fixed. Specialist legal or employee relations support may be needed where there is a risk of a formal dispute or industrial action.
The new rights will allow trade unions to request physical and digital access to workers for specified purposes. Employers will need processes for receiving, assessing and responding to requests while considering operational, safety, communication and employee relations issues. Businesses with a total company wide headcount of fewer than 21 workers will be exempt.
Talk to us about your current position
Tell us about your workforce, sites and existing union arrangements. We will discuss what is causing concern and which service is likely to be most useful.