From October this year, trade unions will have a new statutory right to access workplaces (physically and/or digitally) in order to meet, support, represent or organise workers and to facilitate collective bargaining. The right may not be used in order to organise industrial action. This means that, from October 2026, a union can contact your business and give you notice that it intends to access your workplace to meet with your workers to organise union representation. Although the new statutory right to request access does not apply where an employer has fewer than 21 workers (across its workforce, not per site) and in some other limited circumstances, it is significant.
Whilst the Government is encouraging employers to use existing voluntary access arrangements (or to agree new ones on a voluntary basis, with the assistance of Acas if needed), if voluntary agreement cannot be reached there will be a new statutory process for unions to request access, with the Central Arbitration Committee (CAC) able to grant an access agreement if a statutory request does not result in a voluntary agreement. The CAC will also be able to enforce agreements reached or imposed through the statutory process and impose penalties of up to £500,000 on employers for breaches.
This upcoming change needs focus as many employers (and HR professionals) have never had dealings with a union before. This change could have a huge impact on employers in a variety of sectors, not just those which are typically “union focused”. For employers, there will be a need to prepare clear internal processes for handling access requests as well as consider any operational and cultural implications union access may bring.
We have prepared some FAQs to provide employers with more information on the new right. Please get in touch, we are here to help.
Who can request access?
Any trade union that has a certificate of independence can request access to the workplace.
What purposes can access be used for?
The new right of access can only be used in order for the union to meet, support, represent or organise workers and to facilitate collective bargaining. It may not be used in order to organise industrial action. The employer need not have previously had dealings with or recognised a union.
How will a trade union request access?
Requests must be in writing and using a standardised form. This will need to provide specific information including that the request is made under the relevant statutory provisions, the union’s purpose in seeking access, a description of the workers in respect of whom it is seeking access, whether it is requesting digital or physical access (and, if physical, the specific workplaces(s)), what facilities it will need, the frequency and duration of access requested and the notice of access it will give. The trade union will also have to attach a copy of its certificate of independence.
How will an employer respond?
Responses must be in writing and employers will have 15 working days in which to respond (the “response period”). They should use a template response form indicating whether they accept or decline the request (in full or in part) and reasons for any rejected elements. This will also confirm that their response is made under the relevant statutory provisions.
If the employer agrees the request, the response form will include details of the workers covered (by categories and numbers), their workplace locations, their working/shift patterns and facilities for access.
How should the terms of access be negotiated?
Employers and unions then have a further 25 working days (the “negotiation period”) in which to negotiate the terms of an access agreement (this can be extended by agreement or by application to the CAC).
Where agreement is reached, they must notify the CAC of the agreement and attach a copy. There is a template notification for this.
What happens if agreement is not reached?
Where agreement is not reached, either party can notify the CAC and ask it to decide whether to grant access and on what terms. They must do this within 15 working days of the conclusion of the negotiation period.
In what circumstances will the CAC refuse to grant an access agreement?
The CAC will not grant an access agreement if the employer has fewer than 21 workers, if it considers that access should not take place in the interests of national security or if it considers that access would prejudice the investigation or detection of offences. It will also refuse if the agreement does not specify that there will be a minimum of five working days between finalising the agreement and access taking place for the first time.
The CAC may decide not to grant access if the employer already recognises a trade union that represents one or more of the workers covered by the access request, if there is an ongoing recognition process at the workplace concerning one or more of those workers or if there is already a statutory access agreement in operation covering one or more of those workers. It may also refuse access if it determines that access may jeopardise the health and safety of any person covered by the access agreement.
What factors will the CAC take into account when deciding whether to grant an access agreement?
When deciding whether to grant access, the CAC will be guided by the access principles. This means trade unions should be granted access for any of the access purposes in a manner that does not unreasonably interfere with the employer’s business, employers should not have to take unreasonable steps to facilitate access and access should be refused entirely only where it is reasonable to do so.
The CAC is more likely to grant an access agreement where a union’s request for access is consistent with certain model terms. Model terms include weekly access (which can be averaged out over a longer period if the parties agree) and a minimum of two working days’ notice of an access visit (physical or digital). Employers should only be required to make existing accommodation and facilities available for access purposes and a trade union official seeking access must comply with the employer’s reasonable instructions, including completing health and safety inductions, providing relevant identification and signing in. The CAC will also consider the type of workplace and whether provision for safeguarding needs to be included in the agreement, for example in schools where a trade union official accessing the school may be required by the school to have an enhanced DBS check.
Where can access take place?
In the case of physical access, this will normally be at the workers’ usual place of work in a meeting room or an adjoining work area. However, it will depend on the type of workplace and the employer’s usual practices for holding staff meetings.
Digital access can take place through the channels usually used by the employer at the workplace in question or other appropriate digital channels.
When can access take place?
Access should usually take place during normal working hours but at times which minimise disruption to the employer’s activities. Again the employer’s usual practices will be relevant and consideration should be given to holding meetings during rest periods or towards the end of a shift, particularly where a large proportion of workers in a group of workers may be affected.
What about privacy?
Meetings should be private and so the employer (or any representative of the employer) should not attend unless invited to do so. If security cameras or other recording equipment is used at the workplace the union should be informed and the employer and union should discuss how to ensure privacy of the meetings, for example by switching equipment off temporarily.
How long will an access agreement last?
No access agreement granted by the CAC will last more than two years. The parties will be able to apply jointly to the CAC to vary the agreement to extend or reset its duration.
Can an access agreement be amended or revoked?
Any amendment to or revocation of an access agreement will need to be agreed between the parties and then notified to the CAC.
What penalties can be imposed if an agreement is breached?
The parties should seek to resolve disputes through dialogue and through any dispute mechanisms they have provided for in the agreement.
If they cannot resolve the dispute, either party can complain to the CAC that the other has breached the terms of the agreement. The complaint must be made withing three months of the breach.
If the CAC upholds the complaint, it can order the party to take specified steps to comply. If the party repeats the breach or fails to take the steps ordered by the CAC, the CAC can impose a penalty of up to £75,000. A second penalty imposed due to repeated non-compliance can be up to a maximum of £150,000 and third and subsequent penalties can be up to £500,000.
When deciding on the level of the penalty, the CAC will take into account the gravity of the breach, its duration, the reasons for it, the number of workers affected, the size and administrative resources of the liable party and whether there have been previous failures to comply with previous or active access agreement.
Fines will go to the Government and there is a right of appeal against CAC decisions to the Employment Appeal Tribunal.
Will there be a Code of Practice?
Yes, the Government is currently consulting on a Draft Code of Practice on Access Rights (consultation closes on 20 May 2026). The Draft Code of Practice intends to cover the whole “lifecycle” of union workplace access. It will also include the model forms and template letters. The draft Code makes clear that employers are expected to consider access requests seriously and promptly, avoid actions that would unreasonably obstruct or deter access, permit access at reasonable times and locations and provide appropriate facilities where reasonable (physical or digital).
How can Doyle Clayton help?
We are supporting businesses – whether they are currently unionised or not – with how they can manage key risks, review existing relationships with unions and employees and take steps now to prepare or reduce their exposure from this change.
If you have any questions or would like to discuss how we can assist, please do reach out.