Trade Union Right of Access: What UK Employers Need to Know in October 2026
At Robinson Grace HR Consultancy, we are seeing trade unions play an increasingly significant role in UK workplaces, and this reflects how union membership in the UK was recorded to rise to 6.6 million workers in 2025. Against this backdrop, employers with 21 or more workers will soon be subject to the new statutory right of access, allowing trade unions to communicate and engage with employees from 30 October 2026.
Whether or not your business currently recognises a trade union, it is important to understand what the changes mean and how to prepare. In this blog, we provide clear guidance on what to do before the legislation comes into effect, how to handle requests once the legislation is in force, and the financial penalties that could be imposed for not engaging in the process.
What is the New Trade Union Right of Access?
The new legislation allows independent trade unions to access workers for specific purposes, including:
Meeting, supporting, and representing workers.
Recruiting and organising union members.
Facilitating collective bargaining.
The right does not include access for the purpose of organising industrial action.
Access may be physical, such as visiting a workplace, or digital, such as online meetings and communications with workers, or both.
How will trade unions request access to my business?
Unions will need to make a formal request to an employer to access their workers, and the Government’s Code of Practice contains a template form for them to do so which includes how they want access to your workers (e.g. digital, physical, or both), when they want access, and how often.
This form is not mandatory, so we would recommend making yourself familiar with the content of the form so that if you receive the request in another form, you can recognise it as a request for access.
The Code also recommends that unions send their requests to employers by email to establish a clear audit trail, so ensure that the email addresses you publish in the public domain, such as on your website or LinkedIn, are current and monitored regularly. There are deadlines for responding, and potentially penalties for not doing so!
How should I respond to a trade union access request?
After receiving the form or access request, you must respond within 15 working days. Again, the Code of Practice suggests a template that you can use to respond and allows you to either accept the access request in full, or request negotiation of the terms of access.
What happens after I’ve responded to an access request from a trade union?
If you have accepted the request in full, the union will contact you to confirm arrangements. If you have requested negotiation, you will have 25 working days to negotiate the terms of access with the union. This may cover meeting arrangements, timings, communication methods, and requirements around security and health and safety.
What happens if I don’t respond to an access request, or we can’t reach an agreement after negotiation?
If you do not respond to a request or negotiations are unsuccessful, then either party can complain to the Central Arbitration Committee (CAC) within 55 days of the original access request about a breach of access agreement. If the CAC uphold the complaint, they can order the steps to be taken, and if more than one breach occurs within 12 months, costly financial penalties can be imposed starting from £75,000.
How can employers prepare for the new right of access?
First and foremost, employers should familiarise themselves with the Code of Practice to understand their responsibilities and the risks of not engaging in the process if a request is received.
Other practical steps you can take include:
1. Preparing for physical visits
Consider what your policies set out in relation to visitors within the workplace. If a union wants to visit your workers face to face, you may want to consider arrangements for visitors in relation to security, confidentiality, GDPR, health and safety, and digital communications policies.
2. Managing requests efficiently
As you will only have 15 working days to respond to a request, we recommend designating responsibility to an appropriate HR professional or senior manager for recognising and responding to formal requests. This person will need to be responsible for ensuring requests are recorded, escalated, and managed within statutory deadlines.
We would also recommend creating a documented procedure covering receipt of requests, internal consultation, deadline monitoring, negotiations, and record-keeping. This is particularly important for businesses operating across multiple locations.
3. Improve internal communication strategies
Organisations with strong worker engagement are often better placed to address concerns directly. Regular communication, opportunities for feedback, and effective consultation processes can help build trust and reduce workplace disputes.
4. Consider a recognition agreement with your union of choice
While having a recognition agreement in place won’t prevent other unions from accessing your workers through the CAC, it could reduce the risk, so if you have any concerns about any particular unions then engaging with the union of your choice could help.
5. Train your managers
Once all preparations are in place, train managers and workers responsible for meeting and greeting visitors to understand the new requirements and how to handle union visits in line with your policies and procedures.
Are you unsure about how to prepare? Have you received a request for access and don’t know what to do next? We can help! Call Robinson Grace HR on 01793 311937 or email clientservices@robinsongracehr.com to discuss how we can support your organisation.
Frequently Asked Questions
Does the right of access apply if we do not recognise a trade union?
Yes. An independent trade union can request workplace access even where there is no recognised trade union in the workplace.
Does the right of access apply to small businesses?
The new right of access applies to employers with 21 or more workers. Businesses with fewer than 21 workers are exempt.
Do workers need to be paid when meeting with trade union representatives?
Workers should be paid for time spent engaging with trade union representatives during their normal working hours as part of a lawful workplace access arrangement.
Can an employer refuse a trade union access request?
Access cannot be refused simply because an employer does not recognise the union. Any refusal must be justified, for example on health and safety, security, confidentiality, GDPR or significant business disruption grounds. If agreement cannot be reached, the CAC can decide the outcome.
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The content of our blogs is intended for general information and not to replace legal or other professional advice.
Trade Union Right of Access: What UK Employers Need to Know in October 2026
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