New Trade Union Access Rights to Workplaces Welcomed

From 30 October 2026, independent trade unions will have a legal right to access workplaces, both physically and digitally, to recruit, organise, support and represent workers.

For decades, union access to non-unionised workplaces largely depended on voluntary agreement from employers. This new framework changes that balance by creating a statutory route for unions to engage with workers across the country in the various sectors we represent.

What are the new union access rights?

Under the Employment Rights Act 2025, independent trade unions like Community can make a formal request to access a workplace.

Key purposes of access

• Recruiting and organising new members.
• Meeting, supporting and representing workers (whether they are existing union members or not).
• Facilitating collective bargaining.

Important limitation: Access agreements cannot be used to organise industrial action, including strikes or balloting.

Who does this apply to?

The new rules apply broadly to businesses across Great Britain, with a statutory threshold exempting micro-employers with 21 or fewer employees.

Physical and digital access

Workplace access is not limited to Community representatives visiting a site. This change also covers digital access, which may be especially important for remote and hybrid workforces.

• Physical access: This may include dedicated rooms, agreed meeting times or access during rest breaks or normal working hours. Workers who attend agreed union meetings during working time must be paid in full for that time.
• Digital access: This may include email communications, intranet notices or remote meetings through platforms like Teams or Zoom.

For remote or hybrid workforces, digital access is likely to be the primary channel through which unions initially reach out to staff.

How the access request process works

The framework sets clear deadlines for responding to access requests. Employers should not ignore a request or issue a blanket refusal.

Union access request process

Initial request: The union submits a formal access request, setting out the sites, methods and timing proposed.

1. Employer response: The employer has 15 working days to accept the request, propose changes or open negotiations.
2. Negotiation period: Both parties then have 25 working days to agree practical and workable access arrangements.
3. Escalation to the CAC: If no agreement is reached, the Central Arbitration Committee (CAC) can set binding terms.

The 15-working-day response window

Once an employer receives a formal access request, the clock starts. Employers have 15 working days to issue a response using the statutory template.

Presumption in favour of access

The law starts from the position that access should generally be granted, unless it would cause unreasonable interference with the business.

If an employer and union cannot reach an agreement within the 25-day negotiation period, the union can apply to the CAC. The CAC can issue a legally binding Workplace Access Order. Failing to comply with an order can trigger severe financial penalties.

Key employer rules and safeguards

Although the law gives unions a new route into workplaces, it also includes safeguards to protect business operations and worker privacy.

Minimal disruption

Access should be arranged in a way that minimises disruption to day-to-day operations.

Privacy for workers

Meetings between unions and workers MUST be private. Employers, managers and supervisors should not be in attendance, unless previously agreed.

Health and safety compliance

With physical access, union representatives must follow site rules, sign-in procedures and security protocols.

Data protection

Employers are not legally required to provide personal employee contact lists. Digital communications must still comply with the General Data Protection Regulation (GDPR) and data protection requirements.

For too long, limited workplace access has stopped employees and workers from learning more about unions, organising with colleagues and getting support from unions like Community. We welcome these changes and encourage the employers we work with to respond promptly, engage constructively and keep communication channels open when discussing access to their workplaces.