If your business has more than 20 workers, a trade union could soon be knocking on your door, even if it has never had a presence in your workplace.
From 30 October 2026, new rights will allow qualifying independent trade unions to apply for access to workplaces to meet, support, represent, recruit or organise workers and to facilitate collective bargaining. That access can be physical, digital or both. The rules are part of the wider programme of reform under the Employment Rights Act 2025, which was outlined in What you need to know about the Employment Rights Bill while the legislation was still going through Parliament.
You do not need to recognise a union for this to apply
Two points are easy to miss. Employers do not need to recognise a union for the new rules to apply, and employers cannot simply reject a request. The Act creates a statutory presumption in favour of access, with a Code of Practice setting out how arrangements should work. The Code can be taken into account by the Central Arbitration Committee (CAC) and by employment tribunals.
The Code also sets out model terms, such as weekly access. An employer proposing less frequent access will need a good reason for doing so, although access must not be allowed to disrupt the business unreasonably.
The timetable is tight
If a union makes a formal access request, the clock starts quickly. An employer has 15 working days to respond to the request, followed by 25 working days to negotiate the terms of access. If agreement is not reached, the matter can ultimately be referred to the CAC.
The practical side
There are practical issues to think through as well. Suitable meeting spaces need to be available. Union meetings must be private, so employers should not attend, record, listen in or monitor them unless invited. Digital access may need to be provided, although employers are not expected to make major changes to their IT systems.
The cost of getting it wrong
The financial consequences of getting the arrangements wrong could be significant. The CAC can impose penalties of up to £75,000 for a first breach, rising to £150,000 for a second and £500,000 for subsequent breaches.
What to do before 30 October
The new regime takes effect at the end of the month, so employers should make sure their people know what is changing and, crucially, what to do if a request arrives. A named person should be given responsibility for receiving and managing requests, with template responses ready. Alongside that, it is sensible to assess the data protection implications of sharing workers’ contact details and to decide how any digital access would be provided.
This is one of a run of changes employers are having to plan for. Others are covered in Significant changes to unfair dismissal rules: what employers need to know and The UK’s “right to disconnect”: could new laws change workplace expectations?. The government has also published guidance for employers on trade union reform.
A second change from 1 January 2027
Businesses also need to be ready for another change coming shortly afterwards, with full guidance expected in November. From 1 January 2027, employers will have to give workers a written statement explaining their right to join a trade union. The statement should include information about trade unions, including any recognised by the employer or covered by an access agreement, and workers’ statutory rights.
New workers will have to receive this alongside their statement of employment particulars, while existing workers will need to be given the information by 5 April 2027. All workers will then need to receive a reminder annually.
Where to go from here
The access rules reward preparation. An employer with a clear process, a named point of contact and a considered view on data protection will find a request far easier to handle than one working it out as the 15 working days tick away.
Gamlins’ Employment Law team can help you put that process in place, prepare template responses, and review your contracts and policies ahead of the January changes.
For more information or advice, contact our Employment Law team.
