Independent trade unions have gained new statutory rights to request access to workplaces across Great Britain, with employers required to follow defined procedures for responding to requests, negotiating arrangements, and resolving disputes.
The changes took effect on 30 October under the Employment Rights Act 2025 and the Trade Unions (Right to Access Workplaces) Regulations 2026. They introduce a formal process through which unions can seek contact with workers at employers that do not already have suitable voluntary access arrangements.
The Advisory, Conciliation and Arbitration Service has published updated guidance covering the new framework, while the government has introduced a statutory code of practice addressing how access requests and agreements should operate.
Access can take place physically, digitally, or through a combination of methods. Physical arrangements may involve meetings between union representatives and employees, while digital access can include virtual meetings or communications distributed through employer-managed systems.
Independent unions must submit formal requests containing the required information about the proposed access. Employers are then required to respond within 15 working days of receiving the application, unless an extension is agreed.
An employer’s response must explain whether it accepts the request in full. Where parts are rejected, the employer must identify the areas of disagreement and provide its reasons.
If agreement is not reached immediately, the parties have a further 25 working days after the employer’s response to negotiate appropriate arrangements. Either side can then refer an unresolved application to the Central Arbitration Committee, which can determine whether access should take place and establish conditions governing it.
The framework contains a specific limitation for small employers. The committee cannot impose a statutory access agreement where an employer has fewer than 21 workers across its workplaces. The threshold concerns compulsory arrangements rather than preventing employers and unions from agreeing access voluntarily.
For larger businesses, the statutory procedure introduces additional requirements for human resources teams and operational managers. Employers need to identify who will handle requests, maintain appropriate communications, and ensure that negotiations take place within the required timescales.
The practical arrangements may differ substantially between workplaces. An office-based business could accommodate union meetings in existing facilities, while an employer operating mobile teams, shifts, or multiple sites may need a combination of physical visits and digital communications.
Access agreements can address the workers and locations covered, meeting arrangements, appropriate notice, available facilities, and how normal business operations will continue. Employers may also need to account for safeguarding, site security, and confidential commercial information.
The legislation preserves a role for the Central Arbitration Committee when disputes arise. In addition to determining contested access applications, the committee can oversee statutory agreements and take enforcement action where parties fail to comply with their terms.
The right of access operates separately from statutory trade union recognition. Recognition concerns a union’s ability to conduct collective bargaining on behalf of workers, whereas the new access provisions provide a mechanism for communicating with employees and undertaking permitted trade union activities.
Other trade union reforms also took effect on 30 October, including changes to rights for workplace representatives and requirements concerning workers’ rights to join a union. Employers must consider those obligations alongside the new access procedure rather than treating them as a single legal requirement.
The access framework now establishes a timetable for employers and unions to negotiate contact with workers, supported by statutory dispute resolution where voluntary agreement cannot be reached.
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