By Alec Colson

Partner – Head of Employment

03 June 2026

Article Blog

From October 2026, a new statutory right will come into effect which will allow trade unions to physical and digital workplace access for the purposes of recruiting members, organising employees and facilitating collective bargaining.

This is a new right introduced under the Employment Rights Act 2025 and to date has received little media interest. However, it has the potential to change the workplace culture of many businesses depending upon how trade unions seek to use the new right.

The government has  published a draft code of practice Make Work Pay: draft code of practice on trade union right of access – GOV.UK. We can expect to see a finalised version of the code as we approach autumn, which will contain much of the practical detail.

What is the new right?

Trade unions will have the right to request both physical and digital access to the workplace in order to:

• Meet workers;
• Recruit and organise members;
• Provide support and representation; and
• Facilitate collective bargaining.

However, this right will not include access by a trade union in order to organise industrial action, as this will be explicitly excluded under the new legislation.

At present, employers are generally under no obligation to permit trade unions access unless there is a voluntary arrangement or formal recognition agreement already in place. The new right represents a significant departure from the current legal position. From October 2026, trade unions will gain this statutory right, even in the absence of voluntary co-operation from employers.

What type of access can unions request?

One of the important aspects of the new rights is the broad definition of “access”. The legislation and draft code of practice make clear that access includes physical and digital communication channels.

The code envisages digital access taking place alongside or instead of physical access (provided that such access does not interfere with the employer’s business).

Employers will be expected to distribute union materials through email or intranet systems and facilitate unions having use of internal systems to hold virtual meetings with staff.

Who will be affected?

The reforms are expected to apply to employers with 21 or more workers. The rights will apply even where a union is not currently recognised by the employer and where there has been no previous union presence in the organisation.

As a result, many businesses that have historically operated without union involvement may receive access requests for the first time.

Therefore, only businesses with fewer than 21 workers will find themselves entirely exempt. There are additional exemptions expected to be introduced if access would prejudice the national security of the UK.

The procedure for access

Once a trade union has decided that they would like to seek entry into a workplace, the draft code places an obligation on the union to first seek to agree terms of access with the employer on a voluntary and informal basis.

If voluntary access cannot be agreed, the draft code sets out the statutory process to be followed:

• Step 1: the union submits a formal request for access to the employer (via the government provided template).
• Step 2: the employer has 15 working days to respond (via the response template) confirming whether the request is agreed in whole or in part, or whether it is rejected.
• Step 3: if the employer has rejected the request or has not accepted it in full, the negotiation window begins, which is a further 25 working days to agree the terms of an access agreement.
• Step 4: if negotiations fail, either party can apply to the Central Arbitration Committee (CAC) within 15 working days following the conclusion of the negotiation window. It will then be down to the CAC to determine what access should be granted and on what terms. The CAC will balance the rights of the union to gain access with the rights of the employer to operate without unreasonable interference, and any decision reached through intervention will be conclusive.

All access agreements must be lodged with the CAC, whether voluntarily negotiated or imposed by the CAC.

The CAC has produced ‘model’ terms for access arrangements and where a union’s request is consistent with the ‘model’ terms the CAC is more likely to consider access should be granted.  

‘Model’ terms

The ‘model’ terms state:

• Unions access up to once a week meaning a visit or meeting with a worker or group of workers in person or virtually;
• The union must provide the employer  5 days’ notice before the initial access visit whether physical or digital and thereafter 2 days’ notice;
• Employers will be under an obligation to make available meeting spaces where necessary;
• Employers will be expected to respect the privacy of access meetings and employer representatives will not be expected to attend unless invited to do so; and
• Union officials will be expected to comply with the employer’s instructions (attending at times which minimise disruption to activities of the employer, following health and safety processes).

Enforcement and penalties

The draft proposals indicate that employers who breach access agreements or fail to comply with a CAC determination could face substantial financial penalties — starting from £75,000 for a first breach and potentially up to £500,000 for persistent breaches.

How should employers prepare?

In preparation for these changes coming into effect in the autumn, employers should consider:

• Reviewing employment contracts and onboarding processes. New-starter documents will need to be updated to explicitly inform an employee of their statutory right to join a trade union.
• Training HR and managers. Employers may wish to consider delivering training on the new rules to ensure the new rights are understood and statutory deadlines for access requests are complied with.
• Establishing internal protocols for dealing with potential union requests. Employers should designate a specific point of contact for receiving requests who is able to respond and initiate negotiations in a timely manner to avoid third party intervention by the CAC.
• Preparing for physical and digital access. Employers will not just need to consider whether they have meeting spaces at their offices, but also that internal IT systems can facilitate digital access by a union.

For employers, preparation will be essential. Waiting until October 2026 may leave organisations struggling to figure out workable access arrangements and then respond within the tight statutory timeframes.

What is certain, however, is that October 2026 is likely to mark the start of a new era in UK industrial relations.

Future Changes

The changes referred to above are only part of the reforms due to come into effect under the Employment Rights Act 2025.  Further changes are expected to come into effect in the Autumn and beyond.  We will keep you up to date with significant developments.  If you have any queries about the Employment Rights Act 2025 or employment matters generally, please contact the TW Employment Team here

Disclaimer: General Information Provided Only

Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.