Union access to workplaces: what employers need to know before the new rules take effect
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The UK Government is introducing a new statutory right for eligible trade unions to access workplaces from October 2026 as part of the wider Employment Rights Act reforms. For employers with 21 or more workers, this represents a significant shift in the balance of industrial relations by enabling unions to seek workplace access even where they were not previously recognised by the employer. Employers should understand the new Code of Practice, review their internal processes and prepare managers for how access requests should be handled.
Key takeaways
- Eligible trade unions will be able to seek access to workplaces to meet, recruit, support and represent workers.
- Where voluntary agreement cannot be reached, unions can apply to the Central Arbitration Committee (CAC) for an access order.
- Employers who fail to comply with an access order could face financial penalties of up to £500,000.
- The new rights apply to employers with 21 or more workers and are supported by a new statutory Code of Practice.
One of the more controversial employment law reforms, due to come into force in October 2026, is the introduction of a new statutory right for eligible trade unions to access workplaces. This forms part of the Government's wider programme of Employment Rights Act reforms aimed at strengthening individual and collective workplace rights.
Until now, the practical detail behind these new rights has been limited. However, a new statutory Code of Practice has now been published, providing greater clarity on how workplace access is expected to operate in practice. We encourage employers to read the full Code of Practice and consider what the changes mean for their organisation here.
Previously, trade unions that were not recognised by an employer generally only had workplace access where this had been agreed voluntarily. Under the new rules, voluntary agreements remain the preferred approach and are actively encouraged. However, where agreement cannot be reached, eligible unions will be able to apply to the Central Arbitration Committee (CAC) for an access order.
Employers should be aware that failure to comply with, or facilitate, an access order can result in escalating financial penalties of up to £500,000.
Trade unions will be able to access workplaces to meet, communicate with, recruit, support and represent workers. Access may also be used to facilitate collective bargaining, although it cannot be used to organise industrial action. In practice, these rights may also enable unions to build relationships with workers before making a future application for statutory recognition.
The new rights are subject to eligibility criteria and will apply only to employers with 21 or more workers. Where access has been agreed voluntarily or granted by the CAC, the union
must ensure its activities do not unreasonably interfere with the employer's business. Equally, employers must take reasonable steps to facilitate access, including making appropriate use of existing facilities, however employers are not expected to incur significant expenditure or make structural alterations to their premises.
These reforms represent a significant development in UK industrial relations and are likely to strengthen the position of trade unions, particularly in sectors where union activity is increasing.
What employers should do next
While it remains to be seen how frequently the new workplace access rights will be used, employers should not wait until an access request is received before considering their response. Now is the time to familiarise yourself with the new Code of Practice, review your internal procedures, ensure managers understand the new legal framework and consider how requests for access will be managed consistently and lawfully.
How can Tozers Help
These changes are just one element of the wider Employment Rights Act reforms, which continue to reshape the employment law landscape. Taking proactive steps now will help reduce legal risk, maintain positive employee relations and ensure your organisation is prepared when the new regime comes into force. Understanding your obligations around trade union access rights is key to managing legal and employee relations. Our Employment law team can advise on the new requirements, help you review your policies and procedures, and support you in responding to workplace access requests in a practical and compliant way.
How to stay in the know
The changes to trade union access rights form part of a broader programme of employment law reform. As updates to the Employment Right Act come in, we are monitoring developments closely and will share relevant insights here. You can view a full overview of the expected changes and an indication of when they will take effect here. If you are subscribed to our newsletter you will also receive notification via email. To make sure that you are receiving this information straight to your inbox, click here to subscribe to our newsletter.