Trade union access rights – what should employers be doing to prepare?

With effect from 30 October 2026, independent trade unions will be able to make a statutory request for access to workplaces, physically and/or digitally, so that they can meet, support, recruit, organise and represent workers, and facilitate collective bargaining.  This new right is effectively a stepping stone on the way to statutory recognition.

Employers most likely to be affected are those with no history of union involvement, with some sectors being more obvious targets than others (such as retail and construction).  Employers with fewer than 21 workers are not affected, but this threshold is calculated across 'associated employers' and includes certain agency workers.  Employers will be treated as 'associated' where one controls the other or where both are under the control of the same third party.   For this reason, employers should not assume that a particular location falls below the threshold without analysing the wider corporate structure.

In practice, it will be difficult to reject access requests without sound justification.  There is a presumption towards access and employers are required to take reasonable steps to facilitate this, with the Code repeatedly emphasising constructive engagement and cooperation.  Where a request is rejected, or where negotiations fail, either party can refer the matter to the Central Arbitration Committee (CAC), which would determine whether to grant access and, if so, on what terms.  We anticipate that the CAC's primary objective will be to find a workable solution rather than to deny access altogether.

There are some situations where the CAC may refuse access, to include where an employer already recognises a union or where there is an existing access agreement in place.  It will be important to look at the workers affected – an overlap of one or more workers could result in a refusal.  However, this is not automatic and in some circumstances the CAC may grant access to those workers not already covered. 

Some employers are likely to find themselves in receipt of more than one access request.  It's not about which union got in there first, or the employer having to choose between them.  Where there is already a live application or the applications overlap, an employer is required to make the unions aware (and provide a copy of any existing agreement(s) in place).  Where the unions are unable to resolve the position amongst themselves by withdrawing or revising their applications, or even making a joint application, the CAC would first look at whether access can be practically accommodated for both without unreasonable interference to the business.  If not, then both applications would be refused.  It seems likely that the Bridlington Principles (utilised where there are competing statutory recognition applications) would also be engaged here: where unions are TUC-affiliated, these principles are used to resolve any inter-union disputes.

While access agreements are not legally binding, they can be enforced by the CAC on application, with hefty fines for breaches by either party and a potential for the CAC to 'name and shame'.  It is therefore a good idea to ensure from the outset that the agreed arrangements are workable in practice.

The deadlines within the statutory framework are deliberately tight (for example, employers have 15 days to respond to a request) and so employers would be wise to take practical steps now.  The 'Code of Practice: Right of trade unions to access workplaces' is a great starting point and resource for employers as it provides clear practical guidance and model terms, as well as template request and response forms.  In addition, employers can prepare by:

• Establishing an internal process, identifying who will receive, manage and negotiate requests.
• Considering whether any third-party permission is needed for access where the employer does not own or control the premises where its workers are located.
• Considering practical arrangements for physical access, to include adherence to workplace rules, and where a union could meet with workers in private.
• Considering how digital access might be facilitated and any GDPR implications (workers' names and contact details cannot be provided without consent).
• Looking at the frequency and timing of access to ensure the union can speak to shift workers or those who have atypical arrangements, as well as the notice to be given by the union for each 'access' (the minimum is 2 working days).
• Considering any arrangements necessary to protect the employer's confidential information.

Where employers already have voluntary access arrangements in place, the Code of Practice encourages parties to continue with these rather than moving unnecessarily into the statutory framework.  It will also remain possible to enter into new voluntary access agreements which, in practice, may provide greater flexibility and more scope to tailor arrangements to particular operational requirements as compared with a CAC-imposed agreement.  These are sometimes known as 'sweetheart deals' and can also be useful in potentially blocking a more aggressive union. 

For those employers concerned about unions accessing their workforce, the best question to ask is why your workers would want to join a union rather than how to reject a request.  If there are issues that need addressing, or engagement with workers could be improved, it's much easier to start doing this now, before an access agreement or statutory recognition is in place. 

A recurring theme is that the reforms are designed to normalise and facilitate trade union engagement.  Employers that prepare early and think through the issues are likely to be in a much stronger position with a planned industrial relations strategy than those responding for the first time under statutory deadlines.