Trade union access rights are changing under the Employment Rights Act 2025, introducing new responsibilities for employers across Great Britain. From workplace access requests to a new duty to inform workers about their right to join a trade union, businesses need to understand what is changing and how to prepare.
For smaller employers, these reforms may feel unfamiliar. If you have never had a trade union approach your business, you might assume the changes will have little impact. However, the new framework means employers should understand how to respond if a request arrives, what deadlines apply and how to meet their obligations.
The changes introduce two distinct requirements. The strengthened workplace access framework is scheduled to take effect on 30 October 2026, while the separate duty to inform workers of their right to join a trade union is due to begin on 1 January 2027.
The financial consequences of failing to comply with a statutory access agreement can also be significant. Repeated failures can result in penalties of up to £500,000 for the third and subsequent orders relating to the same agreement.
In this guide, we explain the new trade union access rights, what they mean for small employers and the practical steps you can take to prepare.
What are the new trade union access rights?
The Employment Rights Act 2025 introduces a statutory framework through which qualifying independent trade unions can request access to workplaces.
The purpose of access is to enable union officials to meet, support, represent, recruit and organise workers, including people who are not already union members. Access can also be used to facilitate collective bargaining.
The framework allows access through physical entry to a workplace, communication with workers by other means, or a combination of the two.
This is an important distinction. Workplace access does not necessarily mean that a union official must enter your premises. Depending on the arrangements agreed or determined, access could involve meetings, digital communications or other appropriate methods of contacting workers.
The legislation also establishes a formal process for dealing with requests. Employers and unions should seek to agree access arrangements, and the Central Arbitration Committee (CAC) can determine whether access should be permitted and on what terms if an agreement cannot be reached.
The right is not unlimited. Access must be considered within the statutory framework, including the principles governing reasonable access, business disruption, privacy, health and safety and other relevant restrictions.
Importantly, access cannot be used for the purpose of organising industrial action.
Which employers are affected by the new access rules?
A trade union may make an access request even if it has no existing members at your workplace.
That means employers should not assume that the absence of union membership automatically removes the possibility of receiving a request.
However, the rules include specific provisions governing when the CAC must refuse access. One of these relates to employer size.
Under the Trade Unions (Right to Access Workplaces) Regulations 2026, the CAC must refuse access where the employer, taken together with any associated employers, has fewer than 21 workers on the date of the request and employed an average of fewer than 21 workers over the preceding 13 weeks.
The calculation includes workers who were not employed for an entire week, and specific provisions apply to agency workers and certain associated employers.
This means that the position is more nuanced than simply counting permanent employees at one site.
What counts as a worker?
The legal concept of a worker can be broader than the everyday understanding of an employee.
Depending on the arrangement, it may include people who provide services personally under a contract that does not amount to a contract of employment.
Employers should therefore avoid relying solely on the number of people shown on their permanent employee list when assessing the threshold.
For businesses with several locations or associated companies, it is particularly important to understand how the statutory calculation applies across the relevant organisation.
If you are unsure whether your workforce meets the threshold, seek appropriate HR or legal advice before concluding that the access rules cannot affect your business.
Does this mean every employer with 21 or more workers must grant access?
No. Meeting the workforce threshold does not automatically mean that every request will result in access.
A qualifying union must make a request in accordance with the statutory requirements. The employer and union then have an opportunity to agree appropriate terms.
If the parties cannot agree, the CAC considers the application under the relevant legislation and regulations. The rules include circumstances where access must be refused and other circumstances where refusal may be regarded as reasonable.
The CAC must also consider the statutory access principles, including the need to avoid unreasonable interference with the employer’s business and the expectation that employers take reasonable steps to facilitate access.
Employers should therefore approach a request carefully rather than assuming either that access must always be granted or that they can reject it without considering the rules.
How does a trade union access request work?
The new framework establishes formal deadlines for employers and unions to respond and negotiate.
Understanding these deadlines is important because an employer who fails to respond within the required period may leave the union able to apply to the CAC for a determination.
Step one: The union makes a formal request
A qualifying independent trade union can submit an access request for its officials to access a workplace or communicate with workers.
The request must comply with the statutory requirements, including the prescribed form, information and method of delivery.
It may cover one or more occasions of access and can include proposed terms, such as the type of access requested and any assistance the employer is being asked to provide.
When a request arrives, the employer should record the date of receipt and refer it promptly to the person responsible for HR or employment relations.
Do not assume that an informal conversation with a union representative is necessarily the same as a formal statutory access request. Equally, do not ignore correspondence simply because the business has no existing relationship with the union.
Step two: Respond within 15 working days
Under the regulations, the response period ends at the end of the 15th working day after the day the access request is given.
The employer must consider the request and respond using the required process.
This makes it important to have a clear internal procedure before a request arrives. If correspondence is sent to a general inbox or received by a manager who does not understand the rules, valuable time could be lost.
A nominated contact should be responsible for identifying the request, recording the deadline and ensuring that the appropriate response is prepared.
Step three: Negotiate access arrangements
Once the employer issues a response notice, the negotiation period runs for 25 working days after the day that notice is given.
During this period, the employer and union have an opportunity to agree the terms of access in writing.
The arrangements may need to address matters such as when access takes place, how workers will be contacted, which workplace facilities can be used and how access will be managed without unreasonably disrupting operations.
For example, a business operating a warehouse or manufacturing facility may need to consider site security, health and safety, safeguarding and the practicalities of allowing visitors onto the premises.
A business with a largely remote workforce may need to consider how digital communications or online meetings could work.
These practical considerations should be addressed within the statutory framework rather than used as a blanket reason to dismiss a request.
Step four: The CAC may determine the terms
If the parties cannot agree, the matter may be referred to the Central Arbitration Committee.
The CAC can determine whether access should be permitted and, where it decides that access should take place, specify the terms of the arrangement.
The statutory framework also provides for applications where the employer has failed to respond within the response period.
Employers should therefore not assume that refusing to engage will prevent access from being considered. A clear, timely response and a constructive approach to negotiations are much safer than ignoring the process.
What could workplace access look like in practice?
The access arrangements will depend on the circumstances, the request and the applicable statutory requirements.
The framework recognises both physical access and communication with workers by other means. The CAC must apply the statutory access principles when determining arrangements.
This means employers should consider how access could work within their particular business rather than assuming that every request will involve the same process.
Physical workplace access
Where physical access is agreed or determined, arrangements may cover the location, timing and frequency of visits.
The business may need to consider existing visitor procedures, security arrangements, health and safety requirements and whether safeguarding measures are necessary.
For example, a union official visiting an office may be able to meet workers in an appropriate meeting room, while access to a secure production area may require additional practical arrangements.
The regulations allow for reasonable instructions concerning access, including requirements relating to identification.
Digital access and communication
Access may also take place through communication that does not involve physical entry to the workplace.
This could involve digital meetings or other ways of communicating information to workers, depending on the agreed or determined terms.
However, employers should not assume that the legislation gives unions unrestricted access to company email systems, employee databases or internal IT platforms.
The scope and method of communication must be considered within the statutory framework and the relevant access arrangements. Data protection and privacy requirements continue to matter.
Employers should also avoid disclosing personal information without a lawful basis or treating an access agreement as permission to disregard their wider legal obligations.
What are the penalties for breaching an access agreement?
One of the most significant aspects of the new trade union access rights is the penalty framework.
If an access agreement is breached, a party may complain to the CAC. Depending on the circumstances, the CAC can make a declaration, vary the agreement or issue an order requiring steps to be taken to ensure access takes place in accordance with the agreement.
The legislation also provides for financial penalties in specified circumstances.
Under the 2026 regulations, the maximum penalty for a breach-related order is:
- First order: up to £75,000.
- Second order: up to £150,000.
- Third and subsequent orders: up to £500,000.
These are maximum amounts, not automatic fines for every failure.
When determining the amount, the CAC must consider factors including the seriousness and duration of the failure, the reason for it, the number of workers affected, the resources of the person concerned and any previous failures to comply with access agreements.
The penalty framework is designed to encourage compliance with statutory access arrangements rather than allowing employers to treat repeated breaches as a routine business expense.
For small employers, the maximum figures may look alarming. The practical response is not to assume the worst, but to make sure that any access agreement is understood, communicated to relevant managers and followed consistently.
The separate duty to inform workers about trade union membership
The workplace access rules are only one part of the Employment Rights Act 2025 reforms.
From 1 January 2027, employers will be required to provide workers with a written statement informing them of their right to join a trade union.
This is a separate obligation. It applies regardless of whether a trade union has requested access to the workplace.
For small employers, the change means that trade union information will need to become part of normal HR administration.
What must employers provide?
The government intends to provide a standardised statement explaining the right to join a trade union.
Employers will need to follow the final requirements on the statement’s content and how it must be provided.
New starters are expected to receive the statement alongside their statement of employment particulars.
Existing workers will need to receive it, or be told where they can access it, by 5 April 2027, in accordance with the applicable rules.
The requirements also include annual updates or reminders. Employers should confirm the precise arrangements against the final guidance before updating their processes.
Why employee communication matters
Legal compliance is important, but preparing for the new trade union access rights also provides an opportunity to review how your business listens to its workforce.
Employees may want to raise concerns about pay, working conditions, management decisions or changes to their roles. If they feel those concerns are ignored, workplace relationships can deteriorate.
Employers cannot control whether workers choose to join a union, and employees have legal rights in relation to union membership. However, businesses can create an environment where people feel able to raise concerns and have them addressed constructively.
Give employees a clear way to raise concerns
Make sure employees understand how to raise questions or complaints, whether informally with their manager or through a formal grievance procedure.
Managers should know how to respond, when to involve HR and how to handle sensitive concerns consistently.
If employees raise similar issues repeatedly, consider whether there is an underlying problem that needs to be addressed.
A grievance procedure should not exist only on paper. Employees need to know how to use it and have confidence that concerns will be considered fairly.
Train managers to handle difficult conversations
Managers play an important role in shaping workplace relationships.
If a manager responds defensively to criticism or dismisses employee concerns, even a relatively minor issue can become more difficult to resolve.
Training can help managers listen effectively, explain decisions, record concerns appropriately and recognise when they need HR support.
It is also important that managers understand employees’ rights in relation to trade union membership and activity. Employers should avoid treating lawful union membership or involvement as misconduct.
A respectful and consistent approach helps build trust, regardless of whether workers choose to join a union.
A practical checklist for small employers
Preparing for the new trade union access rights does not need to become an overwhelming project. Start with the steps most relevant to your business.
Review your workforce numbers.
Understand how many workers you engage, including relevant associated employers and any arrangements that may affect the statutory calculation.
Nominate a contact.
Decide who will receive, assess and respond to a formal access request.
Create an internal procedure.
Document how requests will be escalated, who will provide advice and how the 15-working-day and 25-working-day periods will be monitored.
Review workplace access arrangements.
Consider visitor procedures, security, health and safety, privacy and how digital communication could work if access is requested.
Prepare for the written statement duty.
Identify how the standardised statement will be provided to new starters and existing workers.
Brief your managers.
Make sure managers know how to escalate a union approach and understand the importance of responding appropriately.
Review employee communication.
Check that workers have clear ways to raise concerns and that managers understand how to handle them.
Keep up to date with official guidance.
Check the latest regulations and government information before finalising your procedures.
Taking these steps now will help you respond more confidently if a request arrives and make it easier to adapt when the written statement duty begins.