New trade union access rights: what employers need to know before October 2026

From 30 October 2026, independent trade unions are expected to gain a new statutory right to access workplaces and engage with workers in England, Scotland and Wales. Access may take place physically, digitally, or through a combination of both.

For employers, the change means having a clear process for receiving requests, responding within the statutory timescales and agreeing practical arrangements for access.

The new framework was introduced through the Employment Rights Act 2025 and is supported by a statutory Code of Practice on the right of trade unions to access workplaces.

A qualifying trade union with a certificate of independence will be able to make a formal request for access to a workplace.

Access can be used for purposes including:

• meeting, supporting or representing workers;
• recruiting or organising workers, whether or not they are already members of a trade union; and
• facilitating collective bargaining.

Do note, the statutory access purposes specifically do not include organising industrial action.

Access could therefore involve a union representative physically visiting a workplace, an employer arranging an online meeting between a union and workers, or the employer circulating union communications through an existing workplace communication channel.

There is an important distinction between trade union access and trade union recognition.

The new access framework concerns a general right for unions to communicate with and engage workers. The process for obtaining statutory recognition for collective bargaining remains separate.

An employer agreeing an access arrangement therefore does not, by itself, mean that the employer has recognised that union for collective bargaining.

That distinction is worth making clear to managers. Receiving an access request should not be treated as though the business has received a recognition request.

The Central Arbitration Committee, usually referred to as the CAC, cannot impose an access agreement where an employer has fewer than 21 workers.

Crucially for multi-site employers, this is not simply a question of how many people work at the individual workplace being accessed. The Code provides that the threshold applies to the employer overall, with associated-employer provisions also relevant. A union can therefore seek access to a group of fewer than 21 workers where the relevant employer employs at least 21 workers overall.

A restaurant with 15 employees, for example, should not automatically assume the framework does not apply simply because fewer than 21 people work at that particular location.

Existing voluntary access arrangements can also continue. Employers and unions are encouraged to reach voluntary arrangements where possible, and the statutory framework does not replace satisfactory voluntary agreements already in place.

One of the most important parts of the new framework is the timetable.

The employer must respond by the end of the 15th working day after the day on which the access request is given.

If terms are not immediately agreed, the employer and union then have a 25-working-day negotiation period following the employer's response.

Where agreement cannot be reached, an application can normally be made to the CAC within 55 working days of the original access request.

The response period is calculated from the day on which the request is given to the employer. It does not restart when the request eventually reaches HR, the People team or another appropriate decision-maker.

For a multi-site organisation, that makes internal escalation particularly important. A request sitting unnoticed in a restaurant inbox for ten days could leave the organisation with very little time to respond.

The Code therefore recommends that employers keep records of access requests and responses so they can demonstrate when correspondence was made and received.

The starting point under the framework is a presumption towards access.

Employers are expected to take reasonable steps to facilitate access, while unions must conduct that access in a way that does not unreasonably interfere with the employer's business.

That does not mean employers have to accept every proposed arrangement exactly as requested.

If an employer believes particular terms would unreasonably interfere with its operations, it should explain the specific issue and its reasons when responding. The parties are expected to negotiate in good faith and work towards practical solutions.

For hospitality employers, that might mean discussing the time, location or format of a proposed meeting rather than simply rejecting it.

An access request for the middle of a restaurant's busiest trading period, for example, could potentially lead to a conversation about whether another time would achieve meaningful access while creating less disruption.

What an employer should not do is assume that offering digital access means it can automatically refuse physical access. The Code expressly states that physical access should not be refused solely because digital access is available, and the reverse also applies.

The Code actually gives food preparation workplaces as a specific example.

It states that, in a workplace involving the preparation of food, access should take place in a canteen or in the area where workers regularly take their breaks. More generally, arrangements should take account of the workplace's health, safety and security requirements.

That means employers may want to consider now:

• where a union representative could reasonably meet workers;
• how the arrangement would work across different shifts;
• whether existing break areas or meeting spaces are suitable;
• who would arrange access when a representative arrives; and
• which manager or People team contact would own the arrangement.

Employers are not expected to make significant structural changes to their premises or IT systems simply to facilitate access, although they are expected to make reasonable use of existing facilities.

Potentially, yes.

Weekly access is one of the Code's "model" terms. Where a union requests weekly access, the CAC must regard weekly access to each workplace covered by the agreement as a term that does not, by itself, unreasonably interfere with the employer's business.

That does not mean every access agreement must require a meeting at exactly the same time every week.

The timing can vary to reflect shift patterns and other operational factors, and the parties may agree to average access over a longer period. The Code gives the example of agreeing up to four visits per month.

This flexibility could be particularly relevant for hospitality employers where employee populations and working patterns can change significantly throughout the week.

An access request must provide for at least five working days' notice before the first instance of access takes place.

For subsequent access visits, the Code identifies two working days' notice as a model term the CAC must regard as reasonable.

Statutory access agreements cannot normally last longer than two years from the date they are agreed or imposed by the CAC, unless the parties agree to extend them.

This is particularly important for sectors such as hospitality.

The Code specifically recognises the difficulties unions may face reaching shift workers, part-time workers, homeworkers, dispersed workers and employees who are away from the workplace for reasons including maternity, parental or sick leave.

Employers are expected to consider reasonable flexibility so that non-standard workers can receive broadly equivalent access.

An employer should therefore be cautious about arranging access at a time when it knows that a significant proportion of the relevant workforce will not be able to participate. The Code also says employers should not organise workers' duties in a way that prevents them attending an agreed meeting.

The Code states that access should ordinarily take place during normal working hours, at times which minimise unreasonable disruption to the business.

Where workers attend an agreed trade union access meeting during work time, they should be paid in full for the duration of their attendance.

For employers with hourly-paid workforces, this is something worth considering when putting practical processes in place.

Access meetings are intended to be private.

The Code states that employers and their representatives must not attend an access meeting unless invited by the union. Managers and supervisors can attend where the union has specifically invited them.

Employers should also not listen in on meetings, pressure workers to disclose what was discussed, or routinely question employees afterwards about what happened.

For digital access, employers should not record union meetings or monitor attendance. They should also not monitor engagement with union communications, such as tracking which employees opened an email or clicked a link.

That is particularly important when considering the systems businesses use to communicate with employees.

Information revealing an individual's trade union membership is also special category personal data under the UK GDPR and receives additional protection.

The practical principle is simple: employers may need to keep records of the access process, but that should not turn into monitoring individual employees' interest in, membership of, or engagement with a trade union.

Digital access does not give a union unrestricted access to an employer's systems.

It could involve an employer sending a communication to workers on the union's behalf, publishing information through an existing workplace platform or facilitating an online meeting.

Where the union wants workers' personal contact details so that it can communicate with them directly, the worker would need to consent to the employer sharing those details.

Alternatively, an employee can choose to contact the union directly. Trade unions are expected to use their own systems for direct digital communication rather than being given direct access to an employer's IT systems.

The CAC will oversee statutory access agreements and can intervene where one of the parties believes an agreement has been breached.

The enforcement process is staged. An initial upheld complaint can result in the CAC altering the agreement, declaring that a breach has occurred or ordering particular steps to secure compliance. Further breaches can then lead to financial penalties.

The Code sets maximum penalties of £75,000 for a first penalty order, £150,000 for a second, and £500,000 for third or subsequent penalty orders under the same access agreement. The CAC must consider factors including the seriousness and duration of the breach, why it occurred, how many workers were affected and the resources of the liable party.

This makes consistent implementation across multiple sites particularly important. An organisation may have an agreement negotiated centrally, but its operation could depend on individual managers understanding what has been agreed locally.

The government's current guidance recommends identifying internal contacts who will manage trade union requests, ensuring appropriate email addresses are monitored, briefing HR teams and line managers, developing a process for responding within the statutory timescales and thinking about how access could work operationally.

For multi-site hospitality employers, preparation could be relatively straightforward.

Make sure managers know what an access request looks like and where it should be sent. Nominate someone with responsibility for coordinating requests. Keep the original request and date received. Record response and negotiation deadlines. Maintain copies of correspondence and any agreed terms. Brief local managers before access begins so that the same agreement is applied consistently at every relevant location.

The Code itself recommends appointing a lead negotiator during discussions and maintaining records of requests and responses.

One challenge for employers operating across multiple locations is rarely the existence of a process itself. It is making sure the process is visible, documented and consistently followed.

That is where systems such as Atlas can help.

Atlas gives organisations a central place to manage people records, documents, notes and employee relations activity rather than relying on individual inboxes, local folders and disconnected spreadsheets.

The new trade union access framework provides a good example of why that matters.

If a request arrives at one location, the organisation needs to know when it arrived, who owns the response, which correspondence has been exchanged, what arrangements have been agreed and what individual sites need to do next.

That does not mean using technology to monitor employees' union activity. In fact, the Code makes clear that workers' engagement with unions should remain private. Instead, the opportunity is to improve the employer's own administration: maintaining a clear record, giving managers access to the information they genuinely need and reducing the risk of an important deadline or agreed action being missed.

Good systems cannot replace constructive employee relations, but they can make it much easier for organisations to manage them consistently.

The workplace access framework is not the only trade union change employers need to prepare for.

From 1 January 2027, employers in Great Britain will also be required to provide workers with a written statement informing them of their right to join a trade union. The detailed requirements of that statement will be set out separately in secondary legislation.

That is a separate obligation from the workplace access framework and should be treated as a different implementation task.

For most employers, the immediate task is not to develop a complicated new trade union strategy.

It is to make sure the business knows what to do if a request arrives.

Know who owns it. Know the deadlines. Give managers a clear escalation route. Think about how physical and digital access could practically work. Keep appropriate records. And make sure the organisation respects both the union's access rights and the privacy of the workers involved.

The Code of Practice itself does not create standalone legal obligations, but its provisions can be admitted in evidence and taken into account by courts, tribunals and the CAC where relevant.

With the new statutory framework currently expected to take effect from 30 October 2026, subject to parliamentary approval, employers still have time to make sure those foundations are in place.

This article provides general information rather than legal advice. It reflects the Code of Practice laid before Parliament in July 2026 and government guidance available on 29 September 2026. Employers should check the final legislation and guidance when dealing with a specific request.