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The Employment Rights Act 2025 will give trade unions a general right to enter workplaces to recruit, organise and represent members for the first time in Great Britain.<\/p>\n
Workplace access rights for union officials are a key pillar of the government\u2019s broader agenda to increase the size and power of the trade union movement (which we have written about\u00a0here<\/a>). They aim to give unions an initial \u2018foot in the door\u2019 in businesses where they may historically have had little or no presence. Currently, unions have no general right to enter workplaces without an employer\u2019s consent, forcing them to conduct most of their organising activities outside the workplace.<\/p>\n Following a public consultation conducted in the autumn, the government has now published its\u00a0response<\/a>, providing valuable insights into how the new union right of access will be implemented in forthcoming regulations. The government has also published a\u00a0draft Code of Practice<\/a>, which it is consulting on until 20 May 2026.<\/p>\n The new union right of access is expected to come into effect in October 2026.<\/p>\n This article breaks down the government\u2019s plans, what access rights will involve in practice and considers the steps employers should be taking to prepare.<\/p>\n How will the process for access requests work?<\/p>\n The Employment Rights Act outlines a complex legal framework through which unions will be able to request access from employers, failing which they\u2019ll then be able to apply to the Central Arbitration Committee (CAC) to order access arrangements.<\/p>\n Encouragingly, the government has extended the timelines for this initial process, based on feedback received during the consultation. As a result, employers will have a period of 15 working days to respond to a union\u2019s request for access. If they don\u2019t accept the request in full, they\u2019ll then have a further 25 working days to negotiate access terms with the union.<\/p>\n If the parties fail to agree terms within that negotiation period, the union will then have 15 working days in which to apply to the CAC to determine whether access to the workplace should be ordered. However, the draft Code makes clear that the CAC will allow the parties more time to continue to negotiate if they wish to do so (in line with the CAC\u2019s well-established practice of seeking to assist parties to reach consensual industrial relations outcomes, where possible).<\/p>\n The CAC will then decide whether the union should be given access to the workplace and, if so, on what terms. In exercising these powers, the CAC must act in accordance with 5 statutory \u2018access principles\u2019, which include the principles that union officials should be granted access \u201cin any manner that does not unreasonably interfere with the employer\u2019s business\u201d and that \u201caccess should be refused entirely only where it is reasonable in all the circumstances to do so\u201d. There is therefore effectively a statutory presumption in favour of unions\u2019 access requests, which is reflected in the draft Code which states that it is \u201cthe government\u2019s intention that trade unions should have access to workers.\u201d In practice, while employers may be able to challenge specific elements of a union\u2019s proposals, it will be very difficult for them to block an access request altogether.<\/p>\n It’s important to note that \u2013 in contrast to statutory recognition \u2013 there are no minimum levels of membership or support which a union must demonstrate to secure access, and this will not be a factor which the CAC will take into account when deciding whether to order access. This reflects the government\u2019s intention for access arrangements to be an early step in union organising, which can be used to build up sufficient membership to later seek recognition for collective bargaining purposes.<\/p>\n What restrictions will there be on the new right of access?<\/p>\n Only very small businesses with fewer than 21 workers in total will be entirely exempt from access requests. It\u2019s worth noting that this headcount threshold will be assessed on an employer-wide basis (rather than a workplace-specific basis), and we expect it to also capture workers employed by group and associated companies.<\/p>\n The government will also introduce additional exemptions on grounds related to national security and the criminal justice system. If access would prejudice the national security of the UK or the investigation and detection of offences, the CAC will be required to refuse the request. However, this won\u2019t provide a complete exemption for employers in relevant sectors, who would still be required to facilitate access in less disruptive ways — for example, through digital methods or at off-site meetings away from sensitive locations.<\/p>\n It’s notable that already recognising a union, or having an access agreement in place with one, won\u2019t automatically block another union from being able to secure access at the same workplace. However, the government has acknowledged the potential risk that this could destabilise workplaces with established industrial relations. If an employer already recognises an independent union or has a statutory access agreement in place with one, the regulations will prescribe that it will be reasonable for the CAC to deny an access request by another union. In effect, this means that there will be a statutory presumption in favour of rejecting the second union\u2019s request, with the burden on the union to show why it should nonetheless be awarded access. It is possible to envisage these rules being particularly relevant in circumstances when an employer has recognised a more moderate union with a view to blocking a less moderate union from being able to apply for statutory recognition.<\/p>\n How will access arrangements work in practice?<\/p>\n The government will publish \u2018model terms\u2019 for access agreements, which the CAC will consider to be reasonable. As including these model terms will make it much more likely that the CAC will grant a union\u2019s access request, they are likely to strongly influence market practice (even if they won\u2019t be the statutory default which the CAC will be required to order in all circumstances). While we\u2019re still waiting for the regulations setting out the model terms, the government has confirmed that they will include the following requirements:<\/p>\n
The requirement for weekly access stands out as a particularly onerous element of the new framework for employers to accommodate. However, given the union movement\u2019s limited resources, it will struggle to provide enough officials to attend a large number of workplaces on a weekly basis.<\/p>\n Employers will welcome the assurances that they won\u2019t be required to allocate disproportionate resources to facilitate access arrangements. The draft Code states that employers will not be expected to make \u201csignificant structural changes\u201d to buildings or IT systems to accommodate access by union officials.<\/p>\n The government had previously indicated that it would publish a full \u2018model agreement\u2019, but the relatively limited model terms it has announced suggest that it will instead take a less prescriptive approach. This may in part reflect the inherent difficulty of setting out a full set of access terms capable of covering every kind of workplace. The government is instead relying on guidance in the Code to clarify employers\u2019 and unions\u2019 rights and responsibilities, which won\u2019t be legally binding but which the CAC will take into account when making decisions.<\/p>\n We\u2019ve summarised some of the key practical guidance in the draft Code below. However, a number of key details are not addressed in it. For example, while we know that unions will be able to access workplaces up to once per week, there is currently no guidance about how long each visit may be permitted to last for. Similarly, the Code recommends that access should usually take place during employees\u2019 normal working hours, but provides no guidance about what steps businesses can take to minimise the resulting disruption to their operations \u2013 for example, it\u2019s unclear whether an employer would be able to only permit part of a particular team to take time away from their work duties to attend a meeting with a union official to ensure sufficient cover. Given the lack of detail in a number of key areas, there will be a particular onus on businesses to try to negotiate tailored access agreements that minimise disruption and are fit-for-purpose for the particular needs of their organisations.<\/p>\n Physical access<\/p>\n The draft Code states that \u201cwhere practicable, a union should be granted access to the workers at their actual workplace, and in the actual location of their work in that workplace, such as in a meeting room, or in an adjoining work area\u201d.\u00a0<\/p>\n The specific space(s) allocated to union officials will depend on the particular nature of the workplace, including health and safety and security considerations as well as the availability of meeting rooms. However, the draft Code recommends that the union should be allowed to use the same spaces as the employer typically uses to communicate with its own employees \u2013 so if the business typically uses a canteen for large staff meetings, the same facility should be made available to the union.<\/p>\n In exceptional circumstances, a business may not be able to accommodate union meetings on its own premises. In that scenario, the draft Code envisages that the union may be required to hold meetings off-site at its own expense, with the employer taking reasonable steps to inform employees about the meeting.<\/p>\n The draft Code recommends that access meetings should be \u201caligned\u201d with \u201cevents that involve significant proportions of the workforce during work time, such as during induction events or at training courses.\u201d Unions are likely to push for arrangements of this kind, to maximise the impact and reach of their access meetings.<\/p>\n Digital access<\/p>\n As well as the right to visit a workplace in-person, the Employment Rights Act specifically gives unions new rights to communicate electronically with workers. This represents a major victory for the union movement, which has long seen \u2018digital access\u2019 as critical to modernising its organising strategies and recruiting workers in hard-to-reach sectors.<\/p>\n The draft Code clarifies that digital access will primarily involve employers sending out information and invites to virtual meetings on behalf of the union on its existing IT platforms. Unhelpfully, it states that \u201cthe cascading of an email\u201d will not be considered to constitute \u2018weekly access\u2019, leaving open the possibility that unions may seek to have very large volumes of emails sent out on their behalf to employees.<\/p>\n The draft Code also envisages that unions may have direct digital access to employees \u2013 for example, sending them emails directly, rather than through the employer as an intermediary \u2013 where individual employees have provided consent for their details to be shared with the union.<\/p>\n Given the unions\u2019 limited manpower, digital communications may well prove the more impactful element of these reforms, as unions will find it easier to arrange for large volumes of emails to be sent out on their behalf than to staff in-person meetings in workplaces.<\/p>\n Third-party property<\/p>\n Many businesses employ staff to work on sites which are controlled by third parties \u2013 such as security and facilities management companies, where their employees are based in clients\u2019 premises. Facilitating access for union officials is likely to involve particular practical challenges in these situations.<\/p>\n The draft Code acknowledges this possibility, and makes clear that employers in this position are required to take reasonable steps, including engaging with the owner of the premises to arrange access. If the premises owner refuses to provide access, the union could bring a complaint in the CAC for breach of the access agreement (noting that complaints can be brought against third parties). This would be likely to damage the relationship between the employer and its client or landlord, but unhelpfully the draft Code does not provide any guidance on how best to deal with that issue.<\/p>\n How will access agreements be enforced?<\/p>\n A party will be able to submit a complaint to the CAC about a breach of an access agreement. If the complaint is upheld, the CAC will have powers to order steps to be taken to ensure the agreement is complied with. If a complaint is brought about another breach within 12 months, the CAC will then be able to impose financial penalties.<\/p>\n The government has strengthened its initial proposals for financial penalties, and now intends to introduce a three-tier stage of penalties:<\/p>\n
The government has stated that these significant financial penalties are intended to act as a deterrent to \u201crogue employers\u201d who might otherwise seek to treat penalties as an acceptable cost of deliberate non-compliance.<\/p>\n How can employers prepare for the new rights of access?<\/p>\n In preparation for these changes coming into effect in October 2026, employers may wish to consider taking the following steps:<\/p>\n
Conclusion<\/p>\n The introduction of workplace access rights is a significant change to the industrial relations framework in Great Britain. For many businesses who have had little or no engagement with unions to date, it is likely to be the most impactful of the union-related reforms in the Employment Rights Act.<\/p>\n Unions will look to use their new access rights to campaign and win new members in a broader range of workplaces, with a view to capitalising on the reduced thresholds for statutory recognition which came into effect on 6 April.<\/p>\n However, it remains to be seen whether unions have the resources and relevance to make the most of the new platform provided by the Employment Rights Act. After decades of decline, unions have relatively few organisers and so are likely to target their limited resources for in-person access meetings at businesses where they are already actively organising, as well as opportunistically targeting high-profile organisations. In contrast, it may be easier for the unions to use digital communications to spread their message more widely at a larger range of businesses. Even then, the union will need to be able to have a sufficiently attractive offer to convert that into increased membership in the workplace.<\/p>\n The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.<\/p>\n
\nthe union will be entitled to have access (whether physically, digitally or both) up to once per week;
\nthe union must give at least two working days\u2019 notice for each access visit;\u00a0
\nthe employer must make available existing meeting spaces and communication channels, where reasonably possible;
\nthe employer must ensure, as far as reasonably possible, the privacy of direct communications between workers and the union;
\nunion officials visiting the workplace must comply with all reasonable instructions from the employer (including in relation to health and safety, safeguarding, and site security); and
\nunion officials must comply with existing arrangements for visitors to the workplace.
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\nThe first penalty for breach of an access agreement will be capped at \u00a375,000;
\nThe second penalty for repeated non-compliance will be capped at \u00a3150,000; and
\nThe maximum penalty for each further breach of the same access agreement will be \u00a3500,000.
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\nReview any policies and procedures for visitors attending workplaces. Based on the model terms, many access agreements are likely to require union officials to comply with these existing arrangements, so employers should take care to ensure that they provide robust safeguards to protect their operations.
\nReview existing employee engagement structures and internal communications strategies. From October, it will become much easier for unions to campaign and get out their messages to the workforce. To mitigate this, employers should be proactive in keeping their workforces informed about developments at work and giving them the opportunity to have their voice heard directly on issues that matter to them.
\nBusinesses which already recognise a trade union should consider agreeing voluntary access arrangements with their recognised union outside of the new statutory process. Doing so is likely to promote good industrial relations, noting that the union would otherwise be able to secure access through the CAC in any event. Voluntary arrangements which are not entered into following a formal statutory request won\u2019t be subject to the enforcement framework summarised above, so employers would also avoid the risk of financial penalties for non-compliance.
\nEmployers who are concerned about a particular union obtaining access may wish to proactively explore either recognition or a statutory access agreement with another, more moderate union. While this won\u2019t be a complete block to militant unions securing access through the CAC, it is likely to significantly reduce that risk.
\nCareful planning may help businesses to identify ways of fulfilling their access obligations with minimum disruption to operations. Once an access request has landed, blanket refusals are unlikely to be successful, but the negotiation period gives employers an opportunity to shape and limit the practical impact.
\nOnce access arrangements are in place, providing tailored training for managers, HR teams and visitor-facing staff (such as receptionists and security guards) will be key, to ensure union visits are handled appropriately.
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