From 30 October 2026, the relationship between employers and trade unions changes significantly. New statutory rights will allow independent trade unions to request access to workplaces, including businesses which do not currently recognise a union or have an established union presence.
For many employers, particularly smaller and medium-sized organisations that have had little previous contact with trade unions, this could be unfamiliar territory.
Who will the new rules affect?
The statutory access regime applies to employers with 21 or more workers. Importantly, the threshold concerns workers rather than simply employees.
A union does not have to be recognised by the employer, nor does it need to demonstrate that it already has members or a particular level of support within the workforce before requesting access.
What does “access” mean?
Access is much wider than allowing a union official through the front door.
A union may seek physical access, digital access, or both. The statutory purposes include meeting, supporting, representing, recruiting and organising workers, as well as facilitating collective bargaining. However, the access right cannot be used for the purpose of organising industrial action.
This is therefore potentially important even for businesses that have never formally recognised a trade union.
What happens if a union makes a request?
Employers should not ignore an approach or treat it as an ordinary piece of correspondence. There is a formal statutory process and relatively short timescales.
Once a formal access request is received, the employer has 15 working days to respond. Where the request is not simply accepted, the parties then have a 25-working-day negotiation period in which to try to agree appropriate access arrangements. If agreement cannot be reached, the matter can ultimately be referred to the Central Arbitration Committee (CAC).
The practical terms of an agreement can be detailed. Issues may include which workers and sites are covered, whether access is physical or digital, frequency of access, notice requirements, where meetings can take place, confidentiality of communications, site security and health and safety requirements. Our reference material also highlights the need to consider working hours, shift arrangements, facilities and the conduct of visiting union officials.
For example, the material identifies five working days’ notice before the first access visit and at least two working days before subsequent visits, and says access should normally take place during working hours while minimising unreasonable interference with the business.
Why preparation matters
The key message for employers is: don’t wait until a union request arrives before deciding who will deal with it.
Our existing employment-law material identifies the risk clearly. Without a designated person and process, employers may respond inconsistently, miss the statutory timetable or leave managers uncertain about what they should do.
Employers with 21 or more workers should therefore ensure senior managers know that an access request needs to be escalated immediately, establish who has authority to negotiate an access agreement and consider in advance how both physical and digital access could work within their organisation.
It is also important to distinguish access from trade union recognition. Allowing a union access under the new legislation does not, in itself, mean that the employer has voluntarily recognised that union for collective bargaining.
A further duty from January 2027: informing employees
The changes do not stop with workplace access. From January 2027, employers will also need to ensure that new starters are informed of their right to join a trade union, with the information forming part of the written employment particulars provided at the start of employment. Employers will then need to provide the prescribed information to their existing workforce by April 2027.
This means employers should plan ahead now. Recruitment documentation, contracts or accompanying statutory information will need updating for new starters, while a communication will also need to be issued to existing staff. The obligation applies whether or not a union is currently recognised or active within the organisation.
Perspective HR support
We recognise that these rules will be completely new territory for many employers.
That is why Perspective HR will be issuing a practical Trade Union Access resource pack to all clients during the first week of November. It will be designed to help employers understand the new regime and respond appropriately if an access request arrives.
If you receive a trade union access request, our advice is simple: don’t ignore it, don’t respond informally and don’t agree arrangements without first considering the statutory framework and the implications for your business.
Contact Perspective HR by emailing hr@perspectivehr.co.uk or by phoning 01392 247436 and we can help you work through the request and determine the appropriate response.