From the 30th October 2026, trade unions and their members will have more protection in the workplace under the Employment Rights Act 2025 (“2025 Act”). Employers need to be aware of these ongoing changes, in particular the trade unions right of access and the extended protection against detriment for taking industrial action.
The changes to be implemented in relation to trade unions from 30th October 2026 include:
- Employers will be required to give all workers a written statement alongside their contract of employment advising that they have the right to join a trade union;
- Qualifying trade unions will have the right to access workplaces;
- Reforms to access and unfair practices during the recognition and derecognition process, and all remaining trade union recognition measures, including freezing the bargaining unit when an application is received;
- Time off and facilities for equality representatives, and facilities for trade union officials and learning representatives; and
- Extending protections against detriment for taking industrial action.
Significant new rights on trade union right of access
Employers will need to be prepared for all of these changes, but the access to workplaces deserves particular attention. Currently, trade unions can only access a workplace through their members or if the employer has voluntarily agreed to this. Under the 2025 Act unions, whether or not recognised by the employer, will be allowed physical entry into almost any workplace as well as to communicate directly with its workers. Further, an employer receiving an access request must respond to the request within 15 working days.
Trade unions will have to submit an “access request” to an employer and, assuming the employer responds, the union and the employer will negotiate the terms of an access agreement. If the employer fails to respond, or negotiations are unsuccessful, an application can be made by the union to the Central Arbitration Committee (“CAC”), to determine the application. The purpose of the access request should be to meet, support, represent, recruit or organise workers or to facilitate collective bargaining.
There are few restrictions as to how much access the unions will have and what they can have access for. Physical access to dwellings or disclosure of personal data without consent or that would breach the data protection legislation are not permitted. They are also not allowed to gain access for the purpose of organising industrial action. Further, the CAC will not grant access for workplaces with less than 21 workers.
ALL employers should be prepared for trade unions submitting access requests even if they have no workers who are members of that trade union. What access will look like in practice will all depend on the individual business. Agreeing to the terms of an access, arranging for a location in the workplace for the union officials to meet workers whilst ensuring that data protection regulations are not breached can be a difficult thing for employers to manage. Employers should seek advice on how to ensure they are not in breach of their obligations.
What are some practical steps employers can take?
- Consider taking a proactive approach and discuss potential arrangements with any current recognised trade union.
- Identify what a request looks like and how staff should react when one is received.
- Identify a specific area or room for the trade union representative to be present (depending on the individual circumstances of the workplace).
- Identify how unions can have access to workers digitally, in order to take into account workers who work non-typical patterns, or are hybrid/remote workers.
- Consider setting up a specific inbox for trade unions for access requests to be sent to, and to keep a paper trail of all requests and responses.
- Provide training to management on how to respond to requests and what to do when a trade union representative is requesting to attend the workplace.
