Preparing for the trade union right of access

What is the new right of access?

Trade unions have previously had no freestanding statutory right to access workplaces. Unions have instead relied on voluntary arrangements, recognition agreements, or members already on site.

The Employment Rights Act 2025 changes this by giving independent unions a new right to seek physical and digital access to workplaces, to meet, support, and represent workers, recruit and organise, and facilitate collective bargaining, but not to organise industrial action.

There is a presumption in favour of granting access. Schools will be expected to take reasonable steps to facilitate it, such as making existing rooms, facilities and communication channels available, moving furniture, setting up online calls and arranging passes.

How will the new access framework work?

The Government has now finalised the new Code of Practice on access, setting out how the regime is expected to operate. The new regime operates to tight timescales. Schools will have 15 working days to respond to an access request, followed by a 25-working-day negotiation period if agreement is not reached. Once a request arrives, decisions may need to move quickly, and waiting until the autumn could leave schools with very little time to put appropriate arrangements in place.

The practical impact will also vary depending on whether a school already recognises a union and, if so, which employees (or "bargaining units") are covered. While the new statutory right is principally aimed at unrecognised unions, schools may still receive requests where their existing recognition arrangements do not cover all staff or to strengthen access.

We have produced a confidential briefing pack for schools on the new access framework, which all independent schools can access by logging into <Resource Hub>.

For more information or advice, please get in touch with Alice Reeve in our Employment team.