In brief
From October 2026, UK trade unions will have a new statutory right to access workplaces — physically and digitally — for recruitment, organising and representation purposes. The government’s draft Code of Practice makes clear that access will be the default outcome if a union asks, accompanied by a short timeline and backed by Central Arbitration Committee (CAC) enforcement and significant financial penalties of up to GBP 500,000.
The new right is going to be a game changer for employer/union relations, particularly in traditionally non‑unionised sectors. Employers will have limited time to respond to requests, little scope to refuse access outright, and risk material fines if access terms are breached. Many employers are likely to face union access requests for the first time and should prepare now.
Key takeaways
- The right of access is for recruitment, organisation and representation purposes, not for the purpose or organisation of industrial action.
- However, the new right will have a significant impact on the industrial relations landscape.
- Employers should consider how they will respond to any access requests in advance of this right coming into force in October 2026, and in particular how their existing systems may be used to facilitate digital access.
- Access agreements must be drafted carefully: breaches can trigger penalties of up to GBP 500,000.
- Receipt of an access request triggers short response and negotiation timelines, employers should prepare by identifying key stakeholders and areas of responsibility, and providing training to those in (what are or may become) union facing roles.
In more detail
The Employment Rights Act 2025 creates a new statutory right for trade unions to request access to workplaces in order to meet workers; recruit and organise members; provide support and representation; and facilitate collective bargaining.
Access is defined broadly and includes both physical entry to the workplace and digital access, such as online meetings or requiring employers to circulate union communications. While only employers with at least 21 workers are captured, crucially, there is no minimum membership threshold or requirement to show workforce support before a union can make a request.
The accompanying draft Code of Practice provides further detail and guidance on how this right is likely to operate in practice.
The draft Code of Practice follows an earlier consultation on the practical and operational details of the right, and is of itself subject to a period of consultation (open until 20 May 2026).
How the access process works
The Draft Code sets out a relatively short timetable, summarised below.
- Union request: A union (or multiple unions jointly) submits a formal access request setting out the access sought (by default this should usually be by email). The employer has 15 working days to respond.
- Negotiation period: If the request is not agreed in full, there is a further 25 working day negotiation window.
- CAC determination: If no agreement is reached, the union may apply to the CAC, which will determine what access should be granted and on what terms. The referral period has been extended to 15 working days after the end of the negotiation period.
The CAC will assume that some level of access should be granted. The draft Code expressly contemplates access being granted as frequently as weekly, depending on the circumstances.
While the parties may continue discussions informally beyond the statutory deadlines, the formal process provides both sides with limited time for negotiations. In practice, further challenges may arise due to periods of leave, which leaves employers with limited room for delay or tactical resistance.
What access may look like in practice
While the Draft Code requires unions to ensure that disruption to the business is minimised, the reality is that an access agreement is likely to represent a significant change for most employers. The Draft Code envisages access being aligned with how employers already communicate with their workforce. This may include:
- Holding meetings with groups or individuals on site;
- Using existing facilities such as canteens, break rooms or meeting rooms; and
- Online meetings hosted via the employer’s normal digital platforms.
Employers must take reasonable steps to facilitate access, such as arranging meeting space or setting up online calls. They are not required to make major structural changes to buildings or IT systems, and the CAC may refuse access requests that go beyond this.
However, the Draft Code makes clear that the mere fact that some form of access already exists is not a complete answer to any request for further access for a union. Crucially, providing one form of access, i.e., digital, doesn’t prevent a request for another type, i.e., physical, being granted.
The Draft Code also contemplates there being facility for both direct and indirect digital access to workers. Direct access will take the form of direct communications, with the employer being expected to facilitate the provision of employee contact details to the union for this purpose.
Carefully setting out the scope for both direct and indirect digital access in the access agreement will, therefore, be key.
Additional considerations
The draft Code also addresses practical matters, including safeguarding checks, health and safety requirements and privacy concerns. These issues can be addressed by agreement or, failing that, determined by the CAC.
Employers must be aware that the draft Code requires them to respect the privacy of access meetings, and particularly where digital or hybrid access is provided, this may trigger additional considerations around electronic access and record keeping. Any technology that could record meetings should be disclosed to the union unless there are sufficient security considerations to prevent such disclosure. The draft Code suggests that this right to privacy may extend to preventing viewing or recording of CCTV footage that covers the meeting location.
The draft Code also envisages that provision of employee data (personal contact details) to the union would be processed by employee consent — either provided via the employer, or directly from employee to union if the employee initiates contact. This represents an area of distinction when considering data processing in an employment context, where the employer/employee relationship means that generally employers will seek to avoid relying on employee consent as the basis of processing.
Enforcement, penalties and duration
All access agreements — whether voluntarily negotiated or imposed by the CAC — must be lodged with the CAC and are legally enforceable via an application to the CAC. Either party may complain of breach.
If the CAC finds non compliance, penalties may include (i) a declaration, (ii) direction to comply, and (iii) financial penalties of up to GBP 75,000 for a first breach or GBP 500,000 for third and subsequent breaches.
Access agreements cannot be unilaterally revoked. The Draft Code anticipates that no access agreement may last longer than two years.
For specific advice on this development and to help your business navigate the changes, please contact your usual Baker McKenzie contact.