Knock, knock: trade unions now have a statutory right to request access to your workplace

A new statutory right has landed that changes how employers deal with trade unions seeking access to their workplaces.

From 30 October 2026, trade unions can request access to workplaces so that they can recruit members and organise. This is the latest change brought in under the Employment Rights Act 2025, with the procedure set out in the Trade Unions (Right to Access Workplaces) Regulations 2026. Critically, the law is drafted so that unions getting access is the default position.

The right applies to every employer with 21 or more employees, whether employed by that employer alone or in aggregate across that employer and any associated employers in its group of companies. A trade union can ask for physical access, digital access or both, and can seek one-off visits or regular access.

How does the process work?

The process runs on tight, fixed timescales. In particular:

1. Request

Trade unions are required to request access. In our experience, most requests so far have arrived as a physical letter by post, although some have been sent by email.

The legislation sets out that the request must contain specified information, such as how often the trade union wants access, what type of access it is seeking, which groups of workers it wants to reach, how access might be facilitated and how much notice it intends to give.

The Central Arbitration Committee (CAC) has published a template for trade unions to use, which employers can refer to in order to see what a valid request looks like.

2. Response

Once a valid request is received, employers have 15 working days (three weeks in plain English) to respond. The response is the employer’s best opportunity to address the request and set out any special arrangements needed so that access is not unnecessarily disruptive.

Although the CAC has published a template that employers can use when responding, the initial response is crucial in setting the tone for any further discussions with the trade union. Employers are therefore well advised to seek legal advice as soon as possible after receiving a request.

3. Negotiation

Once the response is sent, there is a 25-working-day period for negotiation.

This is often where practical difficulties come to light. In our experience, clients have raised questions about how access should work for remote and hybrid workers, and concerns have arisen where there is no staff intranet or where employees do not have individual work email addresses.

If an agreement is reached, the trade union and employer notify the CAC jointly so that it can be registered.

4. CAC

If no agreement is reached, or the employer fails to respond within the 15 working days, the trade union can apply to the CAC, which is effectively the ‘court’ that decides disputed requests.

In the vast majority of cases, the CAC is expected to grant access and the conditions it imposes may not suit the business as well as a negotiated agreement would. It is therefore important to engage with any request and take advice, as there is no one-size-fits-all approach.

Can an employer say no?

Only in very limited circumstances. Under the statutory Code of Practice, issues such as security, safeguarding, working on client or customer sites and operationally busy or sensitive periods are matters to be overcome through constructive dialogue between the employer, the trade union and any affected third parties, rather than reasons to refuse outright.

Nor does having an existing recognised trade union necessarily mean that a request from another trade union can be rejected. However, each case turns on its own facts, so employers are recommended to take advice.

What are the consequences of non-compliance?

The stakes are high once an agreement is in place. Disputes about how an access agreement is being applied go to the CAC, and in most cases the employer will be the target.

The CAC can impose fines for breaches of up to £75,000 for a first infringement, £150,000 for a second and £500,000 for a third and subsequent infringements.

What should employers do now?

With only 15 working days to respond, preparation is key. Employers should:

• Brief managers and reception teams that an access request may arrive by letter, email or in person from a trade union representative. Any such communication should be reported immediately to a nominated senior individual or the company’s HR team so that nothing is lost or forgotten
• Avoid replying to or agreeing anything until you’ve taken advice, even if the request specifies a short deadline
• Diarise the response deadline as soon as a request arrives. Trade unions are meant to ask for the best email address to send requests to, so employers may wish to decide in advance which address that should be. However, requests can arrive at any address in the business, including those intended for general enquiries only
• Plan ahead by considering which sites, times and methods of access (physical and digital) would work for the organisation, so that it is ready to engage constructively when a request lands.

The new right is designed so that trade unions getting through the door is the norm, not the exception. Employers who plan now, rather than when the request lands in an inbox, will give themselves the most options and the best chance of an access arrangement that works for their business.