New Trade Union Access Rights: Is your Business Ready?

If your organisation has never worked with a trade union, you might assume that the forthcoming changes to trade union law won’t affect you. 

That could be a costly assumption.

From October 30 2026, subject to Parliamentary approval, independent trade unions are expected to gain a new statutory right to request access to workplaces and engage with workers. 

This doesn’t mean a trade union will be able to arrive without warning or demand unrestricted access. It does mean that employers need to understand how the new process will work and be ready to respond appropriately.

What is changing?

Under the new framework, an independent trade union will be able to request physical or digital access to workers for purposes including:

• meeting, supporting and representing workers;
• recruiting and organising members; and
• facilitating collective bargaining

Digital access might involve an online meeting facilitated by the employer or information being distributed electronically on the union’s behalf. It does not mean giving a union direct access to the employer’s IT systems. 

The new statutory process will generally be relevant where an employer, together with any associated employers where applicable, employs 21 or more workers in Great Britain. A trade union could seek access even where the organisation has no recognised union and its workers are not currently union members. 

Importantly, granting access does not, by itself, amount to recognising a trade union for collective bargaining.

How long will employers have to respond?

Employers will have limited time to respond.

Once a formal access request is received, the employer will have up to 15 working days to respond. If the proposed arrangements aren’t immediately accepted, the employer and union will normally have a further 25 working days to negotiate.

Those discussions could cover:

• whether access will be physical, digital or both;
• when and how frequently access will take place;
• what facilities will be made available;
• how workers will be informed;
• how privacy and confidentiality will be protected; and
• how access can be accommodated without unreasonable disruption.

If an agreement cannot be reached, the matter can be referred to the Central Arbitration Committee, which can determine whether access should be granted and on what terms.

This is why the first few days after receiving a request will matter. If it reaches a manager who doesn’t understand what it is, valuable response time could be lost and inappropriate comments or actions could create avoidable employee relations risk.  

There is another important change coming

Employers will also be required to give workers a written statement informing them of their right to join a trade union.

This will need to be provided at the start of employment alongside the written statement of employment particulars and at other prescribed times. Further regulations and guidance will set out the detailed requirements. Employers will therefore need to consider not only how they would like to respond to an access request, but also whether their contracts, onboarding arrangements, policies and management practices are ready for the wider reforms.

What does being ready look like?

Trade union readiness isn’t about adopting a pro-union or anti-union position. It is about understanding the law, making deliberate decisions and supporting positive employee relations.

Before the changes take effect, employers should know:

• who will take ownership of an access request;
• how managers should recognise and escalate one;
• what physical and digital access could reasonably look like;
• how operational, security and confidentiality concerns will be managed;
• whether employment and induction documents need updating;
• whether managers understand employees’ trade union rights; and
• whether workers currently have credible ways to be heard, consulted and involved.