Opening the doors: a new era for UK union workplace access

From October 2026, UK trade unions will gain new statutory rights to access workplaces—physically and digitally. For employers, particularly those with no existing union presence, this marks a notable shift in the employee relations landscape, calling for early preparation. The draft Code of Practice suggests a high bar for employers.

The current picture of union access

Recognised trade unions typically have workplace access through recognition or facilities agreements, or via statutory roles such as health and safety or information and consultation representatives.

Non-recognised unions, however, have very limited routes, mainly during statutory recognition processes (when the Central Arbitration Committee (CAC) can order “reasonable access”) or when accompanying workers to grievance or disciplinary hearings. This has constrained their ability to recruit, organise and gather evidence for recognition applications.

What’s changing: new statutory access rights

From October 2026, independent trade unions will be able to request statutory “access agreements” for specified purposes, notably to meet, recruit, organise, support or represent workers and facilitate collective bargaining (but not to organise industrial action). Access may extend to both physical entry and digital communication channels. No access agreement may last longer than two years.

The Government has already consulted on the operational detail of the access regime and is now consulting on a draft Code of Practice until 20 May. Once finalised, it will be admissible as evidence in CAC and employment tribunal proceedings. Regulations will follow, but the draft Code gives a clear steer on how the new framework is intended to work.

A structured and fast-moving process

This is designed to be standardised and quick: union requests and employer responses must use prescribed templates, and email is the preferred delivery method. The timetable is tight too (with around eight weeks before any CAC referral): 15 working days for the employer to respond, followed by a further 25 working days for the parties to negotiate access terms (both stages can be extended by agreement, and in limited other cases). An access agreement that is reached must be notified to the CAC using the prescribed template. If there is no agreement, either side has a further 15 working days to apply to the CAC, which can extend that window to 30 working days.

The CAC’s approach: a presumption in favour of access

Where the CAC gets involved, it will apply statutory “access principles”, including that access should be allowed unless it would unreasonably interfere with the employer’s business, and that employers must take “reasonable steps” to facilitate it. Access will be refused in limited cases—notably where the workplace has fewer than 21 workers (likely to be calculated across employer sites and group entities), or where access could prejudice the investigation or detection of offences.

The CAC may also refuse access in other situations—for example, where a union is already recognised, a recognition application is pending, there is a health and safety risk, or the request would require excessive employer resources (such as significant changes to premises or IT systems, capital expenditure, significant recurring costs or operational disruption). Overall, the “reasonable steps” bar looks high and the presumption remains firmly in favour of access.

Model terms as a negotiating baseline

While what is reasonable will be workplace-specific, the draft Code sets out “model terms” that the CAC will generally view as reasonable. These include up to weekly access (involving physical or digital interaction with workers), or the equivalent averaged over a longer period (e.g., four sessions a month); in some cases, more frequent access may be appropriate. The model terms also include at least five working days’ notice for the first occasion of access and two working days’ notice subsequently, and envisage employers making reasonable existing space and facilities available to facilitate access.

In practice, these model terms are likely to be the negotiating baseline, and employers may need clear reasons to justify tighter limits.

The practicalities of access

Once an access agreement is in place, unions should usually be able to use the same spaces that employers already use to communicate with staff. Physical access should take place during normal working hours—timed to minimise disruption, but flexible enough to accommodate workers with different working patterns and those on leave. There is also a focus on privacy; employers should not attend meetings unless invited or question workers about what was discussed.

Digitally, the draft Code distinguishes between indirect access (the employer shares union messages via existing platforms, without sharing personal data) and direct access (the union contacts workers directly, with UK GDPR consent). Employers will usually be expected to circulate information and virtual meeting invitations on the union’s behalf; where workers consent, unions may contact them directly. Given the resourcing challenges of regular on-site meetings, digital access may prove the more significant channel in practice.

The CAC will also expect union officials to comply with all reasonable instructions given by the employer (including on health and safety, security and safeguarding). This is non-exhaustive and gives employers some control over the practicalities of access.

Strict enforcement

Access agreements are not contractually enforceable, but the CAC can issue declarations, vary an agreement and order compliance. Missteps will be costly—breaches could trigger escalating fines of up to GBP75,000 (first penalty order), GBP150,000 (second) and GBP500,000 (third and subsequent penalties under the same agreement). When setting a penalty, the CAC will consider the gravity and duration of the breach, the reason for it, the number of workers affected, and the size/administrative resources of the liable party—so larger employers could face higher fines. There will also be separate changes to the process for agreeing union access arrangements in connection with recognition and related applications. 

What to expect and what to do now

Many employers—especially those that are non-unionised—may deal with union representatives on site and online for the first time. Access rights will be used to build support for recognition and gather evidence for CAC applications, and their impact may be amplified by wider reforms strengthening protections for unions and union activity. Requests may also be deployed tactically during periods of workforce concern or insecurity, such as ahead of restructurings—so the practical and legal risks of mishandling them are real. 

With short notice periods and compressed statutory deadlines, the process will move at a “dawn raid” pace. The CAC operates far faster than the Employment Tribunal; where cases are referred, employers should expect to respond swiftly (often within seven days) as extensions are rarely granted.

Although the regulations and the final Code are awaited, employers can start preparing now. Practical steps include: 

• Clarifying internal responsibilities, including who will receive, triage, negotiate and authorise requests.
• Identifying business areas where requests are most likely, considering factors such as existing union presence, collective issues or disputes, and upcoming organisational change.
• Considering whether to negotiate voluntary access agreements outside the statutory regime.
• Developing your negotiation strategy, including which terms are negotiable and non-negotiable, how you will approach proposals in line with the CAC’s access principles, and how to manage associated recognition risks.
• Assessing the physical and digital access you can offer, noting that the CAC’s model terms are likely to become a baseline, and the reasonable instructions you should give to control access (e.g., health and safety, site security, confidentiality and data protection/privacy).
• Strengthening internal processes for verifying and responding to requests, familiarising those responsible with the draft Code and templates, tracking statutory timelines and keeping clear records.
• Training key teams on the access principles, appropriate engagement with union representatives, and data protection, privacy and security requirements.
• Planning internal communications so you can explain clearly to staff how and why access is being facilitated.

For more detail, please consult our full checklist: Checklist: preparing for a trade union workplace access request. 

This article was originally published 16 March 2026 and updated 22 April 2026.

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