Trade union access: why every employer needs a plan

The change in brief

The Employment Rights Act 2025 gives any independent trade union the right to request physical and digital access to workplaces with 21 or more workers. The new right takes effect on 30 October 2026, and employers should be using the time before then to prepare.

The right applies whether or not the employer currently recognises a union, and whether or not any union has previously shown interest. There is a statutory presumption that access will be granted, and employers will have very limited grounds to refuse outright. A statutory Code of Practice sets out detailed expectations, and departing from it without good reason puts an employer at a significant disadvantage in any dispute. Non-compliance carries escalating financial penalties of up to £500,000.

Why you cannot afford to wait

Once an access request is received, employers have just 15 working days to respond. If terms are not agreed, a 25-working-day negotiation period follows, after which either party can refer the matter to the Central Arbitration Committee (CAC). These timescales leave little room for internal deliberation, particularly where decisions need to go through senior management or governing bodies. Employers that wait until an access request arrives to start thinking about what they can accommodate will find themselves negotiating under pressure, with the risk that the CAC imposes arrangements less suited to their operational needs.

A negotiated agreement allows the employer the opportunity to tailor arrangements to its operating patterns, site layout, and workforce. That is far more likely to be achievable if the employer has already done the thinking. Some employers may even wish to consider entering into voluntary access agreements proactively, although whether this is suitable for any individual organisation will depend on the particular circumstances. The message is clear: work out what access looks like for your organisation now, so you can respond confidently and shape the outcome.

Practical preparation: physical access

Employers need to identify where union officials can meet with staff. The Code suggests a staff room, but each premises is different. A room near the entrance, away from sensitive information, may be more appropriate. Consider timing that minimises disruption and reflects operational patterns and staff availability. The Code’s model terms contemplate weekly access, so employers should prepare for structured, regular visits rather than occasional ad hoc arrangements.

Practical preparation: digital access

The right extends to digital access, which means employers may need to cascade union communications via email or intranet, or facilitate online meetings. Importantly, physical access cannot be refused solely because digital access is available, and vice versa.

Data protection requires careful thought. Sharing workers’ personal contact details requires a lawful basis for processing that personal data. Employers should also avoid creating or revealing a list of individuals who may be interested in union membership, given the legal protections against trade union detriment and blacklisting. Indirect communication, such as circulating union information via an all-staff email or intranet, is generally the safer approach. Employers should also ensure staff working non-standard patterns or on leave have broadly equivalent access.

Existing union recognition is not a complete defence

Employers with existing union recognition should not assume they are covered. The CAC may refuse access where an employer already recognises an independent union for the relevant workers, but this protection is not automatic and applies only to those specific workers. An employer that recognises a union for some staff members but not others remains exposed to access requests covering those groups. Now is the time to review recognition and facilities agreements to identify any gaps.

Take action now

Every employer should develop a clear plan before any access request arrives: where physical access can take place and when, what digital access can be supported, how data protection concerns will be addressed, and who has authority to negotiate. With that groundwork in place, employers can respond confidently within the statutory timescales and shape arrangements that work for their organisation.