The government has published its response to the consultation on the right of trade unions to access workplaces, a measure under the Employment Rights Act 2025 which is due to be brought into force in October 2026.

Published: 22 May 2026
Author: Jonathan Naylor

Much of the detail will be set out in implementing regulations although the government has also published a Draft Code of Practice: Right of Trade Unions to Access Workplaces, to provide practical guidance on how the right of access will operate, which includes a template request form and response form.

What does the right of access entail?

The measure will enable independent trade unions and employers to enter into access agreements which allow union officials to access the employer’s workers, both digitally or physically in the workplace, for the purposes of meeting, representing, recruiting or organising workers, or facilitating collective bargaining. Importantly, the right does not cover access with the purpose of organising industrial action.

How will this work in practice?

Where a union is seeking access to workers, and access cannot be agreed on a voluntary basis, the union will present an access request to the employer. The employer may issue a response notice within the response period, which is proposed to be 15 working days unless an extension is agreed, either accepting or rejecting the request.

If the employer accepts the request, there is then a negotiation period of 25 working days in which the union and employer can seek to agree written terms governing the access.

If the employer fails to respond, or if negotiations are unsuccessful, the union can apply to the Central Arbitration Committee (CAC) within a 55 working day period, commencing from the date of the original request. The CAC can then determine whether to grant access and on what terms.

Once any access agreement is in place, the trade union would need to give a minimum of five working days’ notice before the first site visit. Thereafter only two working days’ notice would be required before each access visit. Access on an up to weekly basis will be provided for in the template agreement but, whilst this is considered best practice, unions are free to apply for the frequency of access best suited to their needs.

Regulations will set out the right of access in more detail, such as providing that access requests and responses must be made in writing, with supporting guidance stating that these steps are preferably done by email. The Code, meanwhile, gives guidance on where and when access can take place, what workplace facilities should be available and what consent is required for digital access.

The government has accepted that access agreements should not be granted by the CAC without an expiry date, which will be a maximum of two years from the point they come into force, unless the parties agree and apply for an extension.

What if an employer does not recognise a union?

The right of access is not limited to recognised trade unions, and therefore any employer could be faced with an access request once the measure becomes law.

Interestingly, where two or more trade unions make a joint application for access to a workplace, the draft Code says they should act together in preparing and implementing the access agreements. It is therefore anticipated that more than one union might have access where they access different groups of workers.

Are there any circumstances in which access will not be granted?

The government has confirmed that it will exempt employers with fewer than 21 workers from the right of access.

There will also be a small number of situations in which access must be refused, for example where granting access would be contrary to the interests of national security or where access would prejudice the detection or investigation of offences.

The presence of a recognised union representing one or more of the workers the union is seeking access to may also constitute a reasonable basis for an employer and the CAC to refuse access, although this is not an absolute rule. It may also be reasonable to refuse access where there is an ongoing statutory recognition process concerning one or more of the workers the union is seeking access to or where a statutory access agreement with an independent union is already in place.

What does an employer have to do once access is granted?

The employer is expected to take reasonable steps to facilitate access, but does not have to make significant, structural, technological or operational changes just for that purpose. Access should be supported using existing facilities and systems. If an access application would require excessive resource allocation, this could be another basis on which the CAC refuse the request.

What if the access agreement is not followed?

The government expects parties to try and resolve differences between themselves, although there is scope to raise a complaint to the CAC. Where a complaint is upheld, the CAC will be able to issue penalties with maximum limits of:

• up to £75,000 for a first penalty
• up to £150,000 for a second penalty
• up to £500,000 fine for the third breach and subsequent non-compliance under the same access agreement

Regulations will set out the factors that the CAC should consider when setting the level of fine.

What can employers do now to prepare for this change?

• consider existing arrangements with any recognised trade union and how these might need to be updated to include a right of access
• if there is no union currently recognised, consider recognition on a voluntary basis with a preferred union

assess what facilities are available to support union access and what restrictions might be required, for instance, to comply with safeguarding or health and safety requirements.