Trade Union Access Rights 2026: What Employers Need to Know

From 30 October 2026, the UK government will implement new statutory trade union access rights under the Employment Rights Act. The reform gives independent trade unions a structured legal route to enter workplaces, engage with staff and communicate digitally, including in non-unionised workplaces.

Employers, business owners, HR leaders and managers need to understand the new rules so they can maintain operations, meet short statutory deadlines and avoid significant penalties for non-compliance.

In this blog, we’ll explore what the new rights mean, where the main compliance risks lie, how employers can prepare and why you should partner with Community Union.

Please note that these proposed changes remain subject to revision until the final legislation is enacted.

What Are the New Trade Union Access Rights?

Under Section 70ZB of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), any trade union holding a certificate of independence can request access to a workplace.

Permitted Purposes for Access

Unions may request physical or digital access to:

• Meet, support, and represent workers.
• Recruit new members and organise existing staff.
• Facilitate collective bargaining.

Trade unions cannot use these statutory access rights to organise industrial action.

Types of Access

1. Physical access: On-site visits to hold drop-in surgeries, host meetings, or conduct presentations during non-working time or breaks.
2. Digital access: Utilizing digital platforms, such as company email distribution, internal messaging channels, intranets or virtual meeting software to communicate with employees.

Scope and Exemptions

The statutory framework applies across the vast majority of UK businesses, regardless of whether you currently recognise a union like Community, or if any of your staff are union members.

Employers with fewer than 21 workers are exempt from the statutory procedure. However, headcount calculations take associated employers into account, meaning group companies or franchises cannot rely on individual small-site figures.

Access rights do not extend to private residential dwellings or sensitive sites where access presents verified national security concerns.

 The Statutory Access Request Timeline

A formal written access request under section 70ZB TULRCA starts a strict statutory timetable:

• Request received: The employer receives the union’s formal statutory access request.
• Within 15 working days: The employer must provide the prescribed formal response.
• Negotiation period: The parties have 25 working days to negotiate voluntarily; they may extend this period by agreement.
• CAC referral: If no agreement is reached, the Central Arbitration Committee (CAC) determines binding access terms.

If an employer fails to respond within 15 working days or negotiations stall, the union can refer the case directly to the Central Arbitration Committee (CAC). The CAC operates under a statutory presumption towards granting access unless explicit refusal grounds apply (e.g., an existing statutory access agreement or active recognition process with another union is already in place).

Model access terms and operational expectations

The Code of Practice sets out model terms that the CAC generally considers reasonable:

• Frequency: Physical or digital access up to once per week (standard email updates typically do not consume weekly access limits).
• Notice periods: At least 5 working days’ notice for an initial visit, and 2 working days’ notice for subsequent visits.
• Facilities and privacy: Access to standard meeting spaces, with privacy guaranteed for worker-union conversations.
• Business operations: Access must be arranged so it does not materially disrupt business operations, and officials must adhere to health, safety, and security policies.

Penalties for Non-Compliance

While informal or voluntary access agreements sit outside statutory sanctions, breaching a statutory access agreement or a CAC compliance order carries severe financial penalties:

• First penalty order: Up to £75,000
• Second penalty order: Up to £150,000
• Third and subsequent orders: Up to £500,000

In multi-site operations, non-compliance across different locations can be treated cumulatively, escalating potential fine exposure rapidly.

How Employers Should Prepare for the new access rights

Establish internal escalation routes

Ensure site managers, reception staff, and HR teams know how to spot a formal Section 70ZB request and escalate it instantly to avoid missing the 15-day deadline.

Audit communication channels and facilities

Identify practical spaces for private meetings and establish protocols for digital access requests to protect sensitive data.

Engage proactively

Reaching a voluntary agreement outside the rigid statutory process allows you to tailor access arrangements to your specific operational schedule.

Partner with Community Union

Changes to workplace relations do not need to create friction or operational uncertainty.

As a modern trade union, Community supports collaborative industrial relations that work for employers and workers. By partnering with us, employers gain a constructive counterpart focused on practical solutions, clear communication and shared growth.

• Streamlined access agreements: Work directly with us to establish clear, mutually beneficial voluntary access arrangements that fit your operating model.
• Proactive dispute resolution: Build healthy employee relations and resolve workplace challenges before they impact productivity.
• Workforce support: Benefit from high-quality worker support, skills development, and wellbeing resources tailored for today’s dynamic workplaces.