New trade union access powers: implications for workplaces

• 6 May 2026
• News
• Employment

The government has published its response to the consultation on trade union access rights, together with a draft Code of Practice setting out how the new right will work.

What is the new access right?

Under the new access right, any independent trade union will be able to request access to any workplace for the purpose of meeting, representing, recruiting or organising workers or facilitating collective bargaining (note – not to organise industrial action). Access can mean physical access to the premises to meet with employees in person, or digital access, for example to using staff mailing lists to disseminate trade union communications by email.

Which employers are covered?

Access rights apply regardless of whether the employer recognises the trade union, and even where it has no members among the workforce. It may therefore affect employers outside traditionally unionised environments.

The consultation outcome confirms that employers with less than 21 employees will be exempt from the provisions. However, associated employers will be taken into account for these purposes, so only very small businesses will be exempt.

When will this be coming into effect?

The changes are expected to come into effect on 1 October 2026.

What are your key takeaways?

Access requests will be difficult to resist in most circumstances. For the most part, where you are approached by a trade union, the best way forward is therefore to look to negotiate mutually acceptable access arrangements on a voluntary basis, rather than having a statutory access agreement imposed by the CAC.

Strict timelines apply in relation to access requests (as for recognition processes), and failure to meet these timelines may result in an application to the CAC and the imposition of a statutory access agreement. The one key takeaway is therefore that, if you receive a written access request or are otherwise approached by a trade union, you should take advice on your next steps immediately.

What happens when a trade union makes an access request?

The consultation outcome confirms that:

• Trade union access requests will need to be made in writing. Access requests will need to contain certain minimum information and the government’s draft Code of Practice appends a standardised form.
• Employers will have 15 working days to respond to an access request (again, providing prescribed information); engagement within this timeframe will trigger a 25 working day negotiation period which can be extended by agreement.
• Any voluntary access agreement reached will need to be notified to the CAC.
• If the parties fail to reach agreement during a negotiation period, or if the employer declines a request or does not respond within the 15 working day response period, the trade union can apply to the CAC, which has the power to impose a statutory access agreement.

What might an access agreement look like?

The government has indicated that ‘model’ access terms would provide for up to weekly access, though email communications would not count toward this. Unions would, as standard, be required to give at least two working days’ notice for access (more for a first visit), though of course it is open to the parties to agree other arrangements. The draft Code also indicates that facilities offered to the union should be based around the employer’s own practice, that the access arrangements should not be arranged so as to materially disrupt the employer’s operations or put the employer to undue expense, and that the privacy of a union’s meeting with employees should be ensured.

What happens if you fail to comply?

Failure to comply with a statutory access agreement (i.e. an agreement imposed through CAC proceedings, rather than an agreement reached voluntarily without CAC involvement) carries a fine of up to £75,000 for a first breach in a year, up to £150,000 for a second and up to £500,000 for a third. Maximum fines are deliberately set high to act as a deterrent, though the CAC will in practice determine the fine taking the full circumstances into account.

What should you be doing now?

The practical impact of the changes remains to be seen. Trade unions do not have unlimited resources to devote to holding recruitment or engagement meetings in workplaces, so the idea that unions will be knocking at every door on 1 October 2026 appears a little alarmist. That being said, it is relatively easy for trade unions to scale up digital communications across multiple workplaces within a sector, so we may well see digital access requests in spaces where we have not had union engagement previously.

There are a few steps you can sensibly do to prepare if you think an access request is likely, either because you recognise a union, or because you are in a heavily unionised sector or have had interest in the past. In these cases, it would be sensible to review the draft Code of Practice and give some thought to what a sensible access arrangement might look like, and what the key concerns for the business would be around access. In that way, you will be ready to respond constructively to a union approach – if you recognise a union, you may even wish to engage with the union proactively. You may also want to look more broadly at your employee engagement: where unions have regular access, it will be more important than ever to maintain good lines of communication.

Otherwise, as outlined above, the key takeaway for all businesses is that, if you are approached by a trade union, it is very important to take advice immediately. This is nothing new, but it is worth re-emphasising the point to managers and ensuring that internal escalation routes are clearly communicated.