Employers face new trade union access rights from October

From 30th October, new rights will allow qualifying independent trade unions to apply for access to workplaces to meet, support, represent, recruit or organise workers and to facilitate collective bargaining, through physical or digital access.

Importantly, employers do not need to recognise a union for the new rules to apply, nor can employers simply reject a request. The new rules, introduced by the Employment Rights Act 2025, create a statutory presumption in favour of access, with a Code of Practice setting out how arrangements should work, which can be taken into account by the Central Arbitration Committee (CAC) and employment tribunals.

The Code also sets out model terms, such as weekly access, meaning employers proposing less frequent access will need to have a good reason for doing so, although access must not be allowed to disrupt the business unreasonably.

Explained employment law specialist Chris Dewey of Ward Gethin Archer Solicitors: “The timetable is relatively tight if an access request is made by a union. An employer has 15 working days to respond to a formal request, followed by 25 working days to negotiate the terms of access. If agreement isn’t reached, then the matter can ultimately be referred to the CAC.”

There are also practical issues employers need to consider. Suitable meeting spaces need to be available and Union meetings must be private, so employers should not attend, record, listen in or monitor them unless invited. Digital access may need to be provided, although employers are not expected to make major changes to their IT systems.

The financial consequences of getting the arrangements wrong could also be significant, with CAC penalties of up to £75,000 for a first breach, rising to £150,000 for a second and £500,000 for subsequent breaches.

Chris added: “We are now on countdown to when the new regime takes effect at the end of the month, so employers should make sure their people know what is changing and, crucially, what to do if a request arrives.

“For employers, a named person should be given responsibility for receiving and managing requests, with template responses ready, together with an assessment of any data protection implications around sharing workers’ contact details and how any digital access may be provided.”

Businesses also need to be ready for another change coming shortly afterwards, with full guidance expected in November.

From 1st January 2027, employers will have to give workers a written statement explaining their right to join a trade union. The statement should include information about trade unions, including any recognised by the employer or covered by an access agreement, and workers’ statutory rights.

New workers will have to receive this alongside their statement of employment particulars, while existing workers will need to be given the information by 5th April 2027. All workers will then need to receive a reminder annually.