Trade Union Right of Access to Workplaces

Level’s Jonathan Rennie and Ania Saini look at what the new rules on trade union access to workplaces will mean for employers and the practical steps they should be taking now.

Whilst the changes to unfair dismissal qualifying service and the introduction of third-party harassment provisions have grabbed the headlines, it may be the more prosaic “nuts and bolts” provisions of trade union access that provide the biggest practical headache for employers.

The Right of Trade Unions to access workplaces will feel alien to many employers, particularly those that do not have collective bargaining in place and who may consider trade unions to be toothless or irrelevant to their businesses. Certainly, under previous Governments there was a gradual dismantling of the powers of trade unions. The tide has turned significantly now and the position in the UK under the Labour Government may be summarised in an extract from the July 2026 Government Code of Practice for workplace access:

“The right of access framework will help deliver collaboration and partnership between employers, workers and trade unions to help deliver growth, productivity and better working lives.”

Obviously, Trade Unions will be alert to the change in the legal framework and are gearing up activity to take advantage of the new provisions and so employers should have an action plan in place.

Who can Apply for Access to a Workplace?

Any Trade Union that has a certificate of independence can make a request for access under the statutory process. If there are 21 or more workers then the threshold is met for the employer to have to consider the request so some smaller employers will be exempt from the provisions.

This is not a democratic process and the Unions will have the right of access to workplaces even if there is resistance from staff so it is best that employers understand that if a Union seeks access then it is likely to happen one way or other.

What is the Purpose of Access?

The overall aim of access is to ensure that trade union officials can meet, communicate, recruit, support, and represent workers within a workplace, either on an individual basis or for the purposes of facilitating collective bargaining. It may well be the case that Unions take this approach of seeking voluntary access to workplaces to try and build support for achieving recognition for collective bargaining purposes. 

What will a Request for Access Look like?

The expectation is that Union requests will likely follow the template provided in the July 2026 Code of Practice Appendix E although there is no mandatory obligation on that precise form being necessary.

The template request broadly provides for the following detail:

1. The type of access requested – physical or digital or both

2. Location for physical attendance

3. Any assistance the Trade Union will need – like room access

4. Frequency of access and duration of each visit

5. Any practical information needed like contact details at the employer

Code of Practice: Right of trade unions to access workplaces

It is important to note that a single request for access may include reference to various premises operated by a single employer to which the Trade Union is requesting access.

How might an Employer Respond to a request

An employer may use the template response provided in the Code of Practice and may accept, reject or seek to vary the terms of access. An employer’s reasons for rejection might include that the frequency of meetings is too onerous, the timing of meetings does not fit shift patterns or that digital access is not possible for all colleagues. However, given that parties are expected to engage constructively in dialogue to enable access then the expectation is that negotiated outcomes are the most likely result.

After receipt of an application then an employer has only up to 15 working days to reply to the named contact at the Trade Union. If there is to be negotiation of the terms of access then there will be a further 25 working days to settle on the terms of the access arrangement. There are mechanisms provided for extension requests but these short timelines are the base line for negotiations. They are onerous for employers.

The role of the Central Arbitration Committee CAC

The CAC needs to be notified when agreement is reached or when a ruling is sought on an application that has not been agreed. The CAC will consider whether the Trade Union application is on broadly model terms and whether the employer has met the statutory timeline. CAC can impose an access agreement on an employer. 

What are penalties for failure to follow the statutory Code

The CAC may impose a penalty fine up to a maximum of £75,000 for a first penalty order. For a second penalty order arising from repeated non-compliance under the same access agreement, the maximum penalty is £150,000. Any third or subsequent penalty order issued under the same access agreement shall be subject to a £500,000 maximum.

The penalty regime will assess the gravity of any breach and the size and resources of the liable party and there is the potential to appeal awards to the Employment Appeal Tribunal.

The potential penalties for cumulative breaches can be significant and employers need to be very mindful of the approach to dealing with access requests in a timely manner.

Top Tips for employers

1. Check the certification of independence of any Union that applies for access.

2. Log the receipt date of any access request so the statutory timetable for negotiation is clearly documented (it is a tight timeline) – 15 working days to respond is a tough deadline to meet in practice and so employers ought to consider in advance what facilities may be made available and how frequently.

3. Consider whether you have an email address for these requests to come into so you have central control – If you do not choose to have that central email address then managers should be made aware of the potential for requests to come in.

4. Consider whether you might set up digital access rather than physical attendance?

5. Treat the union access people as you would any other visitor – so if there are policies on PPE, identification security or other provisions then they should be applied consistently to the union visitors.

It is apparent that Unions are identifying employers to target for workplace access agreements and so early preparation helps manage these obligations.

More than anything else, employers need to be aware that the pendulum in labour relations is swinging favourably towards the Trade Union side and so these new obligations need to be treated seriously.