IMPORTANT HR/LEGAL UPDATE - Trade Union Access Requests – Are You Prepared?
A significant employment law change came into force on 30 October 2026 under the Employment Rights Act 2025 and the Trade Unions (Right to Access Workplaces) Regulations 2026.
Who does the legislation apply to?
Under the new legislation, trade unions can request access to workplaces, even where there is no recognised union and little or no existing union presence.
It can cover permanent, part-time, temporary and other workers and the request can relate to physical access, digital access or both.
The purpose of access is to allow trade unions to:
Introduce themselves and recruit new members.
Meet and communicate with workers and current members.
Support and represent workers with workplace issues.
Facilitate collective bargaining.
Access cannot be requested specifically to organise industrial action.
What should you do now?
Preparing now will help ensure your organisation can respond confidently and effectively if a request is received.
We advise that you prepare as follows:
Plan how you will manage union access requests and related communications.
Identify who in your business (or outsourced provider) will be responsible for handling requests and ensure their contact details are provided when appropriate.
Consider practical arrangements for workplace access, i.e. where will meetings be held and what other areas of the workplace the trade union rep will be able to access.
Ensure managers understand the organisation's approach and legal obligations.
Consider whether a voluntary agreement may offer greater flexibility than a statutory arrangement.
What you should do if you receive a request
The specific steps to follow and corresponding deadlines are as follows:
Acknowledge and review the request to ensure it is valid and contains the required information.
Check that the union is an independent trade union with a certificate of independence.
Establish which workers and workplaces are covered by the request.
Ask the union promptly if anything required is missing.
Issue a formal response within the required 15-day timescale.
If you cannot agree to the request straightaway, commence negotiations, which can continue for up to a further 25 working days.
You cannot simply ignore the request or leave it unanswered while considering your position, you must formally acknowledge the request before you do anything further.
What happens if you and the trade union do not reach an agreement on the access requested?
If agreement cannot be reached during the 25-working-day negotiation period, either party can refer the matter to the Central Arbitration Committee (CAC).
You should not assume that refusing the request will prevent access. The CAC has the power to impose a statutory access agreement.
What are your obligations once access is agreed?
You will need to take reasonable steps to facilitate the agreed access.
This may include:
Providing a suitable meeting room or private space.
Allowing access during normal working hours.
Facilitating access to appropriate digital communication channels.
Making reasonable arrangements for shift workers and employees working at different locations.
Ensuring union representatives can communicate with workers privately.
Considering health and safety, security and safeguarding requirements.
How ForrestHR Can Help
If you do not have the time, resources, or expertise to manage a trade union access request, we can support you by:
Reviewing the request
Advising on your options
Assessing operational and security implications
Drafting responses
Supporting negotiations
Ensuring appropriate records are maintained
Preparing now will help ensure your organisation can respond confidently and effectively if a request is received. If you would like to discuss your organisation's readiness or require support with employee relations matters, please get in touch.
Contact us on 01892 726060 or hello@theforrestgroup.co.uk
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