What the new trade union right of access means for employers

The new statutory right of access from October 2026 gives trade unions a legally enforceable route into workplaces.

This is a major shift from the current position, where unions generally have no right to enter a workplace without employer consent.

Employers will need to prepare for tighter timelines, broader access rights, and significant penalties for non-compliance.

Liam Kenealy, head of employment law at Wake Smith Solicitors, looks at what this means in practice, based on the latest published guidance and draft Codes of Practice.

This article covers:

What is the new right of access?

Who does it apply to and exemptions?

Making a request

How the access request process works

Enforcement and penalties

What this means for employers

How employers should prepare now

How Wake Smith can help you

What is the new right of access?

Under the Employment Rights Act 2025, coming into force in October 2026, independent trade unions gain a statutory right to access workplaces, both physically and digitally, for purposes such as:

• meeting and supporting workers
• recruiting and organising
• representing members
• facilitating collective bargaining

Industrial action is explicitly excluded from the permitted purposes.

Who does it apply to and exemptions?
It applies to:

• Employers with 21 or more workers (counted at the overall company level).
• Where the union is not recognised and has no existing presence.
• Hybrid workplaces (e.g., home/work environments), not private dwellings.

Exceptions to the right

Access cannot be granted where:

• the employer has fewer than 21 workers.
• access would present a genuine risk to national security or the investigation of criminal offences.
• the union has not given the employer at least five working days' notice before the first visit.

Reasonable grounds to refuse a request:

If no exception applies, the CAC may still refuse access where:

• the employer already recognises an independent trade union covering the workers in question, or there is an ongoing statutory recognition process.
• there is already a statutory access agreement in operation covering those workers.
• access could jeopardise the health and safety of any person covered by the agreement.

Amending or revoking an access agreement

Where the employer and/or the trade union want to amend or revoke an access agreement, they should agree the terms of the amendment or the revocation with the other and then notify the CAC.

Making a request

Trade unions and employers are encouraged to continue to use existing voluntary access arrangements or agree new access arrangements on a voluntary basis outside the statutory process described in the Code of Practice. Acas can also be used to try and facilitate a voluntary arrangement.

Where a voluntary agreement is not possible, the union may submit a formal access request to the employer, using a standardised form set out in the Code. The union should provide as much information as possible to give subsequent negotiations with the employer the best possible chance of being successful.

How the access request process works
Employers should expect a structured, time-bound process:

• The Union submits an access request - using a standard form set out in the draft Code of Practice. Email is preferred for audit purposes.
• Employers must respond within 15 working days – using the response template.
• 25 working day negotiation period - if the employer accepts the request (in whole or part), the parties negotiate written access terms.
• 15 working days for either party to refer the matter to the CAC if negotiations fail (within the overall 55-day CAC referral period).
• Two years is the maximum duration of any access agreement.

Enforcement and penalties
Access is expected to be the default outcome if a union requests it.

The CAC may impose fines of:

• up to £75,000 for a first breach
• £150,000 for a second breach under the same agreement
• up to £500,000 for any further breach under the same agreement

Appeals against CAC decisions can be made to the Employment Appeal Tribunal.

Employers and trade unions should first try to resolve disputes through dialogue. If that fails, either can complain to the CAC about the breach of the access agreement within three months of the date of the alleged breach.

What this means for employers

• Employers, especially in non-unionised sectors, may face Union presence for the first time.
• Increased administrative burden - Multi-site employers may need to manage access requests site by site, creating logistical challenges.
• Unions may request online meetings, email distribution and digital communication channels. Employers must ensure systems can support this securely.
• The statutory deadlines leave hardly any room for delay. Employers should pre-plan internal workflows.
  
  

How employers should prepare now

• Identify which sites and worker groups fall in scope through audits and risk assessment.
• Review health & safety, confidentiality, data protection, and regulatory constraints.
• Employees in union-facing roles must be trained to understand the new rights, timelines, and negotiation expectations.
• Ensure IT systems can support secure digital access and communication.
• Draft access terms, internal escalation routes, and communication plans should be ready.

How Wake Smith can help you

Employers wanting to discuss the implications of the new Employment Rights Act 2025 to make sure they are fully compliant moving forward, should contact us today. Contact us online here, or call us on  0114 266 6660.

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 Published 24/04/2026