From today, 30 October 2026, independent trade unions have for the first time a new statutory right to request access to workplaces. Access requests could now be landing on your desk by post or email even if you do not recognise a union or have union members within your workforce.
With only 15 working days to respond, employers need to know what to do before a request arrives.
We explore what organisations need to know and what you should be doing now the new right is in force.
What has changed?
The new rights allow trade unions to request physical and/or digital access to workers for the purposes of:
- meeting, supporting and representing workers;
- recruiting and organising workers; and
- facilitating collective bargaining.
The right cannot be used by trade unions for the purpose of organising industrial action.
Importantly, an independent trade union does not need to be recognised by the employer or have a particular level of existing membership within the workplace before making a request.
There is a statutory Code of Practice in place, which sets out practical guidance on how the right should operate.
How can the union request access?
Trade unions can make a formal written request setting out the access they are seeking. The request must be in writing and contain certain information, including the purpose of access, the workers who will be covered, the type of access and the frequency of visits. There are then strict time limits that must be followed for negotiation of the request:
- The employer has 15 working days to respond. If an employer disagrees with the request, it must explain its reasons for the refusal. There is a standard response form set out in the Code of Practice.
- A 25-working day negotiation period then follows, allowing the employer and union the opportunity to agree the terms of access.
If an agreement cannot be reached, or the employer does not respond to the request, the union may apply to the Central Arbitration Committee (CAC). Unions need to apply within 55 working days of the original request, giving them at least 15 working days after the negotiation period ends. The CAC can then decide whether access should be granted and on what terms. The Code of Practice makes it clear that there is a presumption towards access being granted. A strategy of simply refusing or ignoring a request is therefore unlikely to be effective.
Can you agree access informally?
The Code of Practice strongly encourages both sides to try and reach a voluntary agreement before using the statutory process, but this is not mandatory. Any voluntary agreement will fall outside the statutory process, and parties can agree any access arrangements they like. However, it is likely that the union would still seek access arrangements in line with the statutory model terms (see below).
What could workplace access actually look like?
Access can be physical, digital or both. Physical access could include meetings, presentations or drop-in sessions at the workplace, while digital access may involve the use of channels such as email, messaging systems or online meetings. The legislation makes it clear that digital access does not replace physical access and vice versa.
Importantly, digital access does not mean that a union can simply demand employees’ personal contact details. Disclosure of personal data would require consent, meaning employers are likely to act as intermediaries in many cases.
Access should not unreasonably interfere with the employer’s business and steps to facilitate access need to be reasonable.
The regulations set out model terms for access, which include:
- access up to once a week, whether physically or digitally;
- reasonable use of the employer’s existing accommodation and facilities;
- direct communications between workers and union officials to remain private;;
- at least five working days’ notice before the first occasion of access and at least two working days’ notice thereafter; and
- union officials to comply with the employer’s reasonable instructions, which may include requirements to provide identification and to comply health and safety requirements.
Employers and unions can agree different terms to the model terms. However, where a union requests a model term, the CAC will generally treat it as reasonable.
Can a statutory access agreement be terminated?
The agreement will specify how long it is in place for, which is usually two years. It can only be ended early if both parties agree (and they must jointly notify the CAC).
Are there any exceptions?
The new access rights are subject to a number of exceptions. They will not apply to employers with fewer than 21 workers, and they do not permit access to private homes. Access may also be restricted where there are concerns relating to national security, criminal investigations or health and safety. However, it is thought that these exceptions will only apply in limited and unusual circumstances.
What happens if another union is already recognised?
If an employer already recognises another union, or has an access agreement with another union, this does not automatically prevent a second union gaining access. However, the regulations state that it would be reasonable for the CAC to refuse access in these circumstances. It is also important to remember that existing recognition or access agreements that only cover certain populations or sites will not prevent access requests covering other populations or sites.
What happens if an agreement is breached?
Access agreements are not legally enforceable as contracts. Instead, where either the employer or trade union believes that the agreement has been breached, they can make a complaint to the CAC.
For an initial complaint, the CAC may require steps to be taken to secure compliance. Further complaints can result in hefty financial penalties of up to:
- £75,000 for a first penalty;
- £150,000 for a second penalty; and
- £500,000 for a third or subsequent penalty.
That makes getting the terms right at the outset particularly important. Employers should avoid agreeing arrangements which look reasonable on paper but are difficult to operate consistently across the business.
Most importantly - what should employers do now?
Some key steps that employers can take are:
- Provide training to staff so that they are aware of what a request might look like and who must be notified if one is received. It will be critical to ensure that reception, those who monitor shared inboxes, managers and anyone handling post know how to recognise an access request and where to send it. Given the very short response period, requests will need to be identified and escalated promptly.
- Ensure you have a clear process in place for handling access requests, including identifying who will be responsible for responding and who has authority to negotiate.
- Consider what your preferred access arrangements would be in the event that a request arrives. Think practically about meeting rooms, workplace locations, frequency and timing of visits, digital communications, confidentiality, IT security and health and safety. Knowing your preferred position will put you in a much stronger position if a request arrives.
- Review your current employee relations strategy to see whether this could be improved to ensure that employees have effective ways of raising their concerns and having their voices heard, which may reduce the appetite for union recognition.
Natalie Reeder comments:
This new right, together with other trade union changes, has the potential to completely transform industrial relations. Employers which have historically had little, or no union involvement may now find themselves having to engage directly with unions. The key is not to panic when a request arrives. Being prepared for an access request, and understanding how access could work in practice, will be key.
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