Trade union access rights: what should employers be doing now?

A key change under the Employment Rights Act 2025 is the expansion of trade union rights.

From 30 October 2026, union officials will be able to request physical or virtual access to businesses with 21 or more workers. Both recognised and unrecognised unions may use this access to grow membership and support collective bargaining in the workplace.

Employers must also:

• provide union representatives with reasonable accommodation and facilities to carry out their role; and
• give union equality representatives paid time off for their duties.

The separate obligation requiring employers to inform workers of their right to join a trade union has been postponed until January 2027.

Key features of the new legislation

• Following an access request, an employer will have 15 working days to respond, stating whether access is granted in whole, in part, or denied – and why.
• Employers are expected to be willing to negotiate with unions to create access agreements following a request. If negotiations are unsuccessful 25 working days after the response, the access request will be referred to the Central Arbitration Committee (CAC) for determination.
• Any refusal of an access request must be ‘reasonable in all the circumstances’. This is expected to be a high threshold for employers to meet. Examples of potentially valid reasons for refusing an access agreement may include insufficient notice, access that would ‘unreasonably interfere’ with business operations, or an existing recognised union in the workplace.
• A breach of an access agreement by an employer could result in significant penalties, starting at £75,000 for a first breach, rising to £150,000 for a second, and £500,000 for any subsequent breaches.

How will this impact employers?

These changes introduce a strict process for responding to access requests, including specific rules on negotiating access agreements. Employers should put procedures in place now to manage requests effectively and comply with the new requirements.

The right applies equally to unions that are not recognised by the employer. This will give those unions the opportunity to recruit and organise within a workplace with the aim of gaining recognition. The changes are therefore likely to have the greatest impact in organisations without existing union representation. However, it is important to note that trade unions cannot use this right of access to organise industrial action.

In short, these changes will make it significantly easier for trade unions to establish themselves in the workplace, where they will then be in a position to negotiate terms and conditions on behalf of workers.

What employers should be doing now

• Develop an approach to dealing with access requests: decide who will receive requests, who will decide on the response, and where access will take place, for example virtually or physically at the employer’s place of work. This will streamline responses and help ensure replies are made within the required time limits.
• Review facilities and time-off arrangements: audit facilities such as meeting rooms, notice boards and IT access, and update time-off policies to cover union equality representatives. Managers should also understand the distinction between paid time off for union duties and unpaid time off for union activities.
• Issue communications to managers: a clear, concise communication should go to all managers and those in senior positions within your business, explaining what is changing, what an access request looks like, their responsibility in handling that request and the deadlines to respond.
• Update policies and train staff: Regular union visits to the workplace may create risks, including additional health and safety obligations upon visits, and the potential for unauthorised disclosure of confidential business information. Employers should update relevant policies and ensure managers are trained to manage these risks effectively.

If you would like advice on trade union access requests, workforce communications, policy updates or manager training on this area, please contact a member of our Employment Team to discuss how we can support your organisation.