Trade Union Access Rights: What Employers Need to Know From 30 October 2026

30 October: A Date with the Union!

From 30 October 2026, we will see the introduction of a new statutory framework allowing independent trade unions to request access to workplaces.

This marks a significant change, particularly for businesses who have previously had little experience with trade unions.

Employers, therefore, need to get prepared to handle requests, understand their responsibilities and engage constructively with trade unions.

So, what is changing?

Trade unions will be able to request access to meet, support, represent, recruit or organise workers, and facilitate collective bargaining. Their right of access may be physical, such as workplace visits and meetings, or digital, including emails, online meetings and intranet communications. Organising industrial action is not a permitted access purpose.

Does the new legislation apply to all employers?

No. Businesses with fewer than 21 workers in total are exempt. If your business is part of a wider group, then you must also factor in their headcount to confirm whether the exemption applies.

How will the process work?

• Request: The union submits a formal access request.
• Response: The employer issues a response notice within 15 working days.
• Negotiation: Both parties have 25 working days to agree arrangements.
• CAC referral: If agreement cannot be reached, either party can apply to the Central Arbitration Committee (CAC) for a decision.
• Strict deadlines apply, generally up to 55 working days from the initial request, with a possible extension to 70 working days.

Do I need to lodge access agreements with the CAC?

Yes. Agreements must be lodged with the CAC to qualify as statutory access agreements.

What does reasonable access look like?

The legislation identifies “model terms” to help guide agreements, including:

• Weekly physical workplace access.
• At least two days’ notice for visits (five days for the first visit).
• Private access meetings and appropriate facilities.
• Compliance with reasonable workplace procedures, including security and health and safety.
• Access arrangements lasting up to two years.

Access must work in practice, respect privacy and safety, and minimise disruption to the business. Workers must also be paid in full for time spent attending access events during working hours.

What if the rules are breached?

The CAC can determine access arrangements, hear complaints about breaches and impose financial penalties of up to £75,000 for a first breach, £150,000 for a second and £500,000 for a third.

What should employers do now?

Our advice is to get prepared:

• Familiarise yourself with the legislation and the new Code of Practice.
• Ensure managers understand the process and deadlines.
• Review workplace policies, security procedures and facilities.
• Establish a clear process for handling requests and recording decisions.
• Approach discussions constructively and seek workable agreements.

What other changes are coming on 30 October?

There are also important changes to the statutory trade union recognition process:

A fixed bargaining unit: The workers included in the bargaining unit will be determined by the date the CAC receives the recognition application (“application day”). This will impact who can vote in any recognition ballot.

A new employer deadline: Employers must provide the CAC with the relevant workers’ names, dates of birth and worker categories within five working days of being notified that an application has been received.

Early union access: Once the CAC accepts a recognition application, the union has just five working days to request physical or digital access to the workers concerned. Miss this deadline and the opportunity is lost.

Our tip: Keep accurate workforce records and make sure there’s a clear process for responding quickly to CAC notifications. These new deadlines leave little room for delay.

If you have any concerns or questions about your responsibilities under the new trade union access rights or recognition process, our HR team would be happy to assist.

Contact us.