The UK Employment Rights Act 2025: Trade Unions Accessing Workplaces

Why should I read this?

Trade unions do not currently have a general right to access workplaces. In October 2026, the Employment Rights Act 2025 (Act) changes this by introducing a statutory right of access, both physically and digitally, for the purposes of meeting, supporting, representing, recruiting, or organising workers, and facilitating collective bargaining (but not for organising industrial action). 

The government has now published details on how this right will work in practice, including a three-tier penalty system for non-compliance with a maximum £500,000 fine. Note that the right applies to England, Wales and Scotland but not Northern Ireland, where employment law is devolved.

What should I do?

This is a significant workplace change and employers should prepare now. They should familiarise themselves with the requirements of the legislation and a new draft Code of Practice, given the tight timescales for employers to respond once a trade union seeks to exercise their new right and the prospect of significant enforcement penalties. 

Employers should assess the risks of a trade union seeking access and consider now how they would respond to a request. This would include auditing workplaces and customary communication channels,  training managers, identifying any significant issues arising from having third parties accessing a workplace (health and safety, regulatory requirements, data privacy, confidentiality, liability etc) and identifying key union standards to be included in any access agreement (confidentiality, behavioural expectations, data protection, IT security etc).  

What else do I need to know about the new workplace access right?

Those employers likely to receive a request should anticipate trade unions seeking to agree voluntary access arrangements with them, before any formal request is submitted using the statutory route (if voluntary arrangements are not possible). Employers then have 15 working days to respond and this may be extended by mutual agreement. Both parties are expected to use standard request and response templates annexed to the draft Code.

If the request is accepted in full or in part by the employer, the parties have 25 working days (this is extendable) to negotiate terms of access. If agreement is reached, the parties jointly notify the Central Arbitration Committee (CAC). If the request is rejected or negotiations are unsuccessful, the matter may be referred to the CAC to decide within 15 working days of the conclusion of the negotiation period. 

The statutory framework sets out the principles the CAC should apply and when it must, or may, refuse access. For example, it must be refused if the employer has fewer than 21 workers or the proposed agreement is to last more than two years. It may be refused, but does not have to be, if there is already an access agreement in place and/or the employer already recognises an independent trade union representing one or more of the workers subject to the access request, and on other grounds. There is a general presumption that access will be granted, but should not unreasonably interfere with business or require unreasonable steps to facilitate access.

If granted, the CAC’s decision will include the terms of the access agreement. These terms may specify a frequency of up to weekly access for the union, as the government has decided this is a ‘model’ term (though access agreements for lower frequencies may be approved). Another model term provides for a minimum of two working days' notice of an upcoming access visit, both physical and digital. This does not apply to the first instance of access following the finalisation of the access agreement, which requires a five working day notice period. 
The draft Code contains guidance on operating an agreement, including the location and timing of meetings, digital access and access involving third parties. For example, where workers are at premises the employer does not control, it must take reasonable steps to facilitate access, including engaging with the landlord or premises owner. Where the premises owner does not cooperate, the matter may be referred to the CAC, which can impose access and apply the enforcement framework to non-parties who obstruct it.

If there are access disagreements which cannot be resolved through any dispute mechanism in the agreement, either party may complain to the CAC. If it is well-founded, the CAC may alter an agreement, order specific steps to be taken and, depending on the circumstances, may order a penalty to be paid subject to a maximum of £75,000 for the first order, £150,000 for the second and £500,000 maximums for third  and then repeated episodes of non-compliance. When deciding the penalty, the CAC must consider a range of factors including the gravity, duration and reasons for the breach, employer size and any history of non-compliance. It may publish information relating to issued penalties, including the name of the liable party.