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 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 industrial action). Access may extend to both physical entry and digital communication channels such as email, intranet, messaging platforms and virtual meetings.

The Government has already consulted on the operational detail, giving an early sense of how the new framework will work. 

A structured and fast-moving process

Union requests will need to set out the purpose, type and frequency of access. Employers must respond within five working days, accepting the request or explaining any rejection. A 15-working day negotiation period will follow. If no agreement is reached, unions will have 25 working days from the original request to refer the matter to the CAC, and any agreed terms must be notified to the CAC.

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

Where the CAC becomes involved, it will apply statutory “access principles” as the starting point for its decision. These provide that access should be allowed unless it would unreasonably interfere with the employer’s business, that employers will be required to take “reasonable steps” to facilitate both physical and digital access, and that access should be refused only where it is entirely reasonable to do so. 

What is “reasonable” will depend on the workplace, but employers will not be expected to build new meeting rooms or install new IT systems. Consultation proposals include excluding employers with fewer than 21 workers, treating weekly access with two days’ notice as reasonable, and allowing refusal where an independent union is already recognised.

The CAC will also take account of forthcoming “model access terms,” which will provide a benchmark for what is generally appropriate. Ultimately, it will decide whether access should be granted and set the terms of the agreement.

Two-year agreements and strict enforcement

Access agreements are expected to last two years and must be notified to the CAC. While not contractually enforceable, they will be underpinned by CAC powers to issue declarations, vary agreements or order compliance. Missteps could be costly. Breaching access obligations could result in fines of up to GBP75,000 per breach (and up to GBP150,000 for repeated breaches).

Existing voluntary access agreements will remain unaffected. It is not yet clear, however, how the statutory regime will interact with voluntary arrangements that fall below the standards set in the model terms. 

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 encounter 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. The impact may be heightened by other reforms that strengthen protections for unions and union activity. Requests for access may be deployed tactically during periods of workforce concern or insecurity, such as ahead of restructurings. The stakes for not cooperating will be high. 

The timelines are also tight. The CAC operates far faster than the Employment Tribunal; where cases are referred, employers should expect to respond swiftly—often within seven days—with extensions rarely granted. Given the short notice, compressed deadlines, and the need for rapid decision making, the process may feel closer to the pace of a “dawn raid.”

Although further details—including regulations and a new Code of Practice—are expected, employers should start preparing now. Against that backdrop, there are several practical steps you can take to get ahead. These include: 

• Clarifying internal responsibilities, including who will receive, triage and negotiate access requests.
• Identifying business areas where requests are most likely, considering factors such as existing union presence, collective issues or disputes, and upcoming organisational change.
• 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 any model terms, and how to manage associated recognition risks.
• Assessing the physical and digital access you can safely offer and the controls or safeguards needed to manage on-site access and use of digital platforms.  
• Strengthening internal processes for verifying and responding to requests, tracking statutory timelines and keeping clear records.
• Equipping key teams with training on the new access principles, appropriate engagement with union representatives, and data protection and security requirements.
• Planning internal communications so you can explain clearly to staff how and why access is being facilitated.

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