Last autumn the government issued a consultation on the rights of trade unions to access workplaces. The consultation closed on 18 December 2025 and the government has now published its response. The new right is expected to come into force in October.
The government has also published a draft Code of Practice on the right of trade unions to access the workplace (the draft Code), together with a consultation which essentially asks if the draft Code is sufficiently clear. The purpose of the draft Code is to provide practical guidance to support the understanding and delivery of the new right. Once it is finalised the Code won't be legally binding but the CAC will take it into account when coming to decisions on the right of access.
What is the new right?
Currently there is no general right for trade unions to access workplaces for recruitment and organisation of members. Trade unions can only come onto an employer's premises if the employer agrees, or it is ordered by the Central Arbitration Committee (CAC) ahead of a statutory recognition ballot.
The Employment Rights Act 2025 (the Act) introduces a new right for trade unions to request access to the workplace to meet, recruit or organise workers to facilitate collective bargaining, but not to organise industrial action. The right will apply to both physical and digital access. The Act sets out a framework for how a request should be made by a trade union and considered by an employer.
The draft Code envisages that an application for access may be made by a trade union "with the long-term stated goal of statutory recognition" and so advises parties to" familiarise themselves with the recognition process including access arrangements and unfair practices, to ensure that amicable worker-union-employer relationships are supported and maintained".
What is the process?
The union will be able to present an "access request" to the employer who may issue a "response notice" to the union before the end of the "response period" (this will be 15 working days). If the employer responds the parties then have the "negotiation period" (this will be 25 working days) to agree the written terms on which officials will have access.
If both parties agree on access terms, then the CAC is notified and the agreement is recorded. There will be a template for notifications to the CAC (this appears in the draft Code). Employers and unions may also mutually agree an extension to the response period.
If no agreement is reached within the response period, either party can refer the case to the CAC for a decision on access. This referral can be made within 55 working days, starting from the day the request for access is submitted.
What will the CAC take into account?
The CAC will determine applications taking account of the "access principles" set out in the Act:
- access must not unreasonably interfere with the employer's business,
- the employer should take reasonable steps to facilitate access,
- physical access should not be refused solely because digital access is permitted (and vice versa), and
- access should only be refused entirely where reasonable.
When it comes to determining whether to refuse a request there are some discretionary refusal grounds which apply where:
- The employer already recognises an independent union for the relevant group of workers.
- There is an ongoing statutory recognition process, or where a statutory access agreement with an independent union is already in place for the same group of workers.
- An application would require excessive resource allocation, such as constructing new meeting spaces or procuring new IT systems.
Situations where the CAC must refuse access
The CAC must refuse access where:
- The employer has fewer than 21 workers (from 2027, this exemption will not apply to workplaces covered by statutorily supported national bargaining frameworks, such as adult social care and school support staff);
- The agreement does not provide for at least 5 working days' notice before the first access visit;
- The agreement lasts more than two years; and
- Access would be contrary to national security interests or prejudice the prevention, detection, or prosecution of offences.
"Model" terms
If the proposed access request includes certain "model" terms then the CAC will be more likely to consider the request less complex, and therefore eligible to be reviewed by a single person panel rather than a tripartite panel. This may expedite the application's progress. Where the union's request for access is consistent with these "model" terms the CAC is more likely to consider that access should be granted.
Regulations will set out the model terms to be included in access agreements, but in the meantime the government has confirmed that model terms that the CAC must regard as reasonable for the trade union to comply with include:
- Weekly access which can be either physical or digital or both;The union must provide a minimum of two working days' notice of an upcoming access visit (this does not apply to the first instance of access which will require five working days' notice);
- The employer should make existing accommodation and facilities available where reasonably possible;
- The employer must ensure that, as far as reasonably possible, direct communications between workers and a trade union subject to the access agreement are private.
- The trade union official seeking access to the workplace must comply with all reasonable instructions given by the employer. This may include completing relevant health and safety inductions, providing relevant identification or signing in at the front desk.
What does weekly access mean?
The draft Code makes it clear that weekly access won't always mean a visit or meeting that takes place at the same time and day every week. The timing may change depending on shift patterns and other factors. Weekly access may also be averaged over a longer period of time if the parties agree. An access agreement could stipulate that access can take place up to four times a month, meaning that in theory access could take place four days in a row.
Weekly access means a visit or meeting with a worker of a group of workers, either in person or virtually. The draft Code states that it does not refer to the cascading of an email or the administrative action of setting up an online meeting by the employer on behalf of the union.
The practicalities of access arrangements
The draft Code states that, where practicable, a union should be granted access to the workers at their actual workplace in a meeting room or in an adjoining work area. In each case it will depend on the type of workplace concerned and consideration will need to be given to the employer's responsibility for health and safety and security issues.
The employer's typical methods of communicating with the workforce should be used as a benchmark for the union. If the employer holds large workforce meetings in a meeting room or canteen then the same facilities should be made available to the union. Employers with multiple sites will need to consider whether it is reasonable or practicable to give access at each workplace.
The draft Code provides that in exceptional circumstances due to the nature of the business or severe space limitations, access may need to be restricted to meetings away from the workplace premises, and the union will need to consider finding facilities off-site at its own expense. In such circumstances the employer should assist the union in notifying the workers in advance of where and when such off-site events are to take place.
The draft Code stipulates that the union's access to the workers should usually take place during normal working hours at times which minimise any possible disruption to the activities of the employer. When deciding the timing of meetings and other events the union and the employer should be guided by the employer's normal workplace communication practices. The draft Code encourages employers to align the organisation of access with events that involve significant proportions of the workforce during work time, such as during induction events or at training courses.
Where the employer has security cameras or other recording equipment permanently positioned on site to monitor or record workplace activity and this could record meetings the employer should inform the union. It will be up to the employer and the union to discuss ways to ensure the privacy of meetings by turning off the equipment in question or ensuring that any transmissions from the equipment during the period of the meeting are not viewed live or recorded. The Code acknowledges that the scope for such measures may be limited in rare cases where security or health and safety may be significantly and unavoidably jeopardised as a result.
What is digital access?
Under the new right unions can virtually access workers provided that doing so does not unreasonably interfere with the employer's business. The starting point for digital access is that the employer will cascade factual union communications or information to their workers or facilitate an online meeting via existing IT platforms between union and workers.
If the union wants to contact a worker direct the worker will need to give their consent to the employer to share their contact details.
Unions can continue to enter into voluntary agreements on data sharing as they do currently.
Third party property
The draft Code envisages scenarios where the employer of the workers in question does not have direct control of the premises on which the worker works, for instance those employing security staff where the staff are based on the client's premises. In this instance the security company will be required to take reasonable steps to facilitate access by engaging with the organisation responsible for the premises.
If arrangements for access are not made then the union can refer the access request to the CAC for a decision and the CAC can choose to impose access to the premises on which the workers are working. If the organisation responsible for those premises then refuses access then the union or the employer can bring a complaint to the CAC that they are not complying with the access agreement and the normal right of access enforcement framework will apply.
What happens where more than one union seeks access to the workplace?
The draft Code states that two or more trade unions may make a joint application for access to a workplace. Where this happens, the unions should act together in preparing and implementing the access arrangements. Unless the employer and the unions agree otherwise, the unions in question should have common access arrangements. The amount of time needed for access would be the same for single or joint applications.
What if an employer is concerned about a particular union obtaining access to the workforce? One way of managing this might be to explore recognition or a statutory access agreement with another union. This won't be a completely fail-safe way of ensuring that the undesired union fails to secure access, but it will reduce the risk. As mentioned above the CAC has the discretion to refuse requests where the employer already recognises an independent union for the workers, there is an ongoing statutory recognition process, or where there is a statutory access agreement with an independent union already in place.
Enforcement mechanisms
Where a party fails to comply with an access agreement, the CAC will have the power to vary the agreement, make a declaration or order compliance steps. If the breach is repeated within 12 months, then the CAC will have the power to impose a fine. The proposed maximum fine is £75,000 for a first breach, increasing to a maximum fine of £150,000 for a second breach, and up to £500,000 for third and subsequent breaches under the same access agreement.
In determining the value of the fines, the CAC will consider:
- The gravity and duration of the failure;
- The reasons for the failure;
- The number of workers affected;
- The scale of the organisation; and
- Any previous history of non-compliance.
Practical steps
- Proactively engage with existing staff forums and review your communications strategies. Ensure that employees feel like they are being heard as the new right to access will make it easier for unions to communicate directly with staff.
- If you already recognise a union consider entering into voluntary workplace access agreements.
- Before the right comes into force, ensure managers (especially those in different branches or locations) know where to refer union requests for access.
- Once the right is in force and a request for access has been made use the negotiation period to try to ensure that any arrangements are practically workable and not too intrusive.
- Provide training to managers to enable union visits to go smoothly and operate within the confines of the access agreement.
