Legal Update: New Trade Union Access Rights

New rules take effect from 30 October 2026

Another important part of the Employment Rights Act 2025 comes into force this week.

From 30 October 2026, independent trade unions will have a new statutory right to request access to workplaces to communicate and engage with workers.

Access can be in person, digital, or a combination of both.

For many SMEs, particularly those without an existing relationship with a trade union, this may be unfamiliar territory. Employers should therefore understand what the new rules mean and how to respond if they receive a request.

What is changing?

From 30 October, an independent trade union will be able to formally request access to an employer's workplace.

The purpose of the access can include communicating with workers, providing support and advice, recruiting or organising members and facilitating collective bargaining.

Digital access does not mean a trade union is automatically entitled to access an employer's IT systems. It could instead involve arrangements such as an employer facilitating an online meeting or circulating information on behalf of the union.

A new statutory framework and Code of Practice will govern how requests and access arrangements should operate.

Does this apply to every business?

There is an important exemption for smaller employers. Broadly, employers with fewer than 21 workers are outside the statutory access arrangements, although there are detailed rules around how worker numbers are calculated, including associated employers and average workforce numbers.

For employers within scope, if the business and union cannot agree an access arrangement, either party may be able to apply to the Central Arbitration Committee (CAC).

The CAC can determine whether access should be granted and the terms on which it should take place. It will also oversee compliance with statutory access agreements and has enforcement powers where agreements are breached.

What could an access request involve?

An access request might involve a union asking to:

• meet employees at the workplace;

• communicate with workers digitally;

• provide information or advice;

• speak to employees about trade union membership;

• organise or recruit members; or

• support collective bargaining activity.

 Receiving a request does not mean a union can simply arrive at the workplace and operate without restrictions.

The legislation provides a formal process for reaching an access agreement, and employers and unions are expected to agree practical arrangements.

What should an employer do if it receives a request?

The first step is not to ignore it.

Employers should identify exactly what the union is requesting, establish whether the business is within scope and consider the request in accordance with the statutory framework and Code of Practice.

Businesses should also identify who internally will manage the request. For most SMEs, it would be sensible for this to involve a senior manager or business owner together with appropriate HR or legal support.

It is particularly important that managers do not make informal promises, refuse access immediately or respond negatively simply because the business has not previously dealt with a trade union.

Employee rights remain important

Workers already have legal protections relating to trade union membership.

Employees and workers have the right to choose whether to join a trade union, remain a member or leave one.

Employers must not dismiss or subject someone to unlawful detrimental treatment because of their trade union membership or certain trade union activities.

This means managers should be particularly careful about comments or decisions relating to an employee's involvement with a union.

What should SMEs be reviewing now?

1. Know your workforce numbers

Establish whether your business is likely to fall within the new access framework.

Businesses close to the 21-worker threshold should take particular care because the regulations contain specific rules on how workforce numbers are calculated.

2. Decide who will handle a union request

Managers should know where an access request needs to be escalated.

It is better to establish this now than to decide how to respond when a formal request arrives.

3. Brief managers

Managers do not need to become experts in trade union law, but they should understand that employees have legal rights relating to union membership and that formal union requests should be escalated appropriately.

4. Keep communications professional

Any discussions with a union or employees should be clear and appropriately documented.

Avoid informal comments that could be interpreted as discouraging employees from joining or engaging with a union.

5. Seek advice where necessary

Trade union law can become complicated quickly, particularly where access, recognition or collective bargaining issues arise.

Businesses receiving a formal request should consider obtaining appropriate HR or legal advice before responding.

Another trade union change is coming in January

There is a separate Employment Rights Act change that employers should also be aware of.

From 1 January 2027, employers will have a new duty to give workers a government-provided written statement informing them of their right to join a trade union.

For new workers, this will need to be provided at the start of employment alongside the written statement of employment particulars.

Existing workers will need to receive or be given access to the statement by 5 April 2027.

Detailed Government guidance is expected in November 2026.

This duty was previously expected to start in October 2026, so employers should make sure they are working from the latest timetable.

What should businesses take away?

For many SMEs, trade union access will be an area they have never had to deal with before.

The important point is not to assume that trade union law only matters to large or heavily unionised organisations.

From 30 October 2026, qualifying employers could receive a formal request from an independent union seeking physical or digital access to their workforce.

Businesses should know whether the rules apply to them, brief managers and have a clear process for escalating any request.

As with many of the Employment Rights Act reforms, preparing a simple process in advance is much easier than trying to understand the rules after an issue arises.

Useful guidance

Employers can read the Government's guidance on trade union reform and the latest Employment Rights Act implementation timetable.

This legal update is for general information and educational purposes only and should not be treated as legal advice. Employers should obtain appropriate HR or legal advice when dealing with a specific trade union access, recognition or employee relations matter.