Background
Much of the attention around the Employment Rights Act 2025 has, understandably, focused on its headline reforms such as the reduction in the qualifying period for unfair dismissal protection from 2 years to 6 months. However, one of its most consequential changes has attracted far less notice: the introduction of a statutory right for trade unions to access workplaces.
With the Government’s launch of a new consultation on a draft code of practice on trade unions’ rights of access into workplaces, it is clear that this reform will significantly alter how unions engage with both employers and workers, particularly in workplaces where there has previously been little or no union presence.
From October 2026, trade unions will have a clear legal route into employers employing 21 or more workers. Employers should be considering what this will mean for them in practice.
The current position
Currently trade unions have no general right of access to workplaces.
Access is typically dependent on:
- An existing membership base within the workforce; or
- Voluntary access arrangements agreed with the employer.
Where neither exists, unions are often unable to engage directly with workers. This limits their ability to be formally recognised and achieve collective bargaining rights on matters such as pay and hours, which goes alongside recognition.
The new legislation fundamentally changes that position by allowing Trade Unions to make an access request direct and introducing a statutory ‘fix’ via an application to the Central Arbitration Committee (CAC) where access cannot be agreed alongside significant financial penalties for breach of access rights.
The changes
From October 2026, a trade union can present an access request to an employer who may issue a response notice before the end of the response period (just 15 working days from the date of receipt of the request). If the employer responds, the parties then have a negotiation period of 25 working days to agree access terms. If the employer doesn’t respond or negotiations on access are not successful, the union can make an application to the CAC to determine access including the arrangements for that access.
Crucially, the new access framework introduces no minimum union membership threshold. A trade union will not need to demonstrate existing support within the workforce before requesting access. Instead, access is expressly intended to allow unions to build support from within; this marks a significant shift. Access is likely to become the starting point of the recognition process, rather than something that follows it. While employees remain free to engage (or not), employers will generally be required to facilitate the opportunity for that engagement to take place.
What access looks like in practice
In practice access may be physical, digital, or both, and may occur on a regular basis.
Examples may include:
- On‑site workplace visits
- Use of meeting rooms or communal spaces
- Distribution of materials
- Communications via internal digital platforms
Digital access will allow unions to communicate through existing internal systems which would create a far more consistent and scalable route to engage with workers than traditional, ad‑hoc methods.
Why does the change matter?
The legislation shifts the balance away from a neutral position and towards actively enabling union presence in the workplace. With no barrier to entry, save for small employers, unions are far more likely to use access rights to recruit members and establish a foothold.
For employers, this means union interaction may become a regular feature of working life, even in organisations where there has historically been no union activity.
How will this impact employers?
Employers should not assume that trade union access will be rarely used, given the low threshold for access and a statutory route to enforcement, unions are likely to make active use of these rights. Over time, this will increase membership levels and lead to recognition requests.
Operationally, employers will need to consider:
- How access requests are received and managed
- How physical visits are coordinated
- How internal communication channels are used
- How disruption to operations is minimised
Key takeaways for employers
- Plan responses to access requests in advance particularly in light of the tight timescales for responding to a request
- Review visitor, access, and workplace policies
- Consider how internal digital communications may be used in practice
- Train managers and front‑facing staff on handling union interaction
How we can help
For further information, or to discuss the implications of trade union access for your organisation, please contact a member of our Employment Team. You can also learn more about the full impact of the Employment Right Act here as well as attending our free annual employment law update webinar on 30 April when we will be looking at what the Employment Rights Act means for employers, you can register for the webinar here.
