Trade Union workplace access rights

Stanley Stephens, Solicitor

From 30 October 2026, under the new trade union access regime, qualifying independent trade unions will have a new statutory right to seek physical and digital access to workplaces for the purposes of meeting, supporting, representing, recruiting and organising workers, as well as facilitating collective bargaining. The right of access expressly excludes using such right to organise industrial action. The regime is introduced by the Employment Rights Act 2025 and implemented through amendments to the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). The government have also issued a draft Code of Practice, to provide practical guidance on how the statutory right of access should operate.

The new regime has the potential to reshape employer-union relations, particularly in workplaces where trade unions have historically had little or no physical presence. Employers with 21 or more workers may receive access requests from independent trade unions, regardless of whether the union has an existing relationship with the workforce.

Whilst much of the focus to date has been on the statutory process for making and responding to access requests, employers should also start considering what should actually be included in the access agreement itself.

The new access process in brief

The process is structured as follows:

• A trade union submits an access request using the prescribed statutory form.
• The employer has 15 working days to respond using the prescribed response template.
• If access is not agreed immediately, the parties enter a negotiation period during which they attempt to agree the terms of access.
• If agreement cannot be reached, either party may apply to the Central Arbitration Committee (CAC), which can determine whether access should be granted and, if so, on what terms.

The statutory forms are prescribed. However, the draft Code of Practice envisages the parties negotiating the terms of an access agreement.

The access agreement

Whilst the legislation prescribes the form of the access request and response notice, it does not appear to require the final access agreement itself to follow a mandatory template. Instead, the Code encourages the parties to negotiate terms that reflect the circumstances of the relevant workplace. For many employers, particularly those operating in regulated, technical or security-sensitive environments, this may create an opportunity to address issues that are not dealt with in any significant detail by the statutory templates.

Potential areas for consideration include:

• Confidentiality – Trade union representatives may gain access to workplaces containing commercially sensitive information. Employers may wish to consider provisions governing the use and protection of confidential information and trade secrets that the representatives are exposed to.
• Data Protection – The regulations acknowledge that employers are not required to disclose personal data where doing so would breach applicable data protection legislation and do not require the disclosure of personal data without the data subject’s consent. However, employers should carefully consider what personal information, if any, may be shared with unions, how such information will be protected and used and whether certain obligations should be included in the access agreement, to ensure the employer is complying with applicable data protection legislation.
• Photography and Recording Restrictions – some employers may wish to restrict photography, filming or audio recording within certain workplace areas for security, confidentiality or regulatory reasons.
• Health and Safety – employers should ensure that the unions agree to comply with the employers’ existing health and safety policies and procedures.
• Trade Union Representatives- Employers may also wish to consider issues arising from damage to property, disruption to operations or the conduct of union representatives whilst on site.

Are these agreements legally enforceable?

It also remains to be seen how the CAC will approach more detailed provisions dealing with confidentiality, data protection or security concerns, particularly where employers seek to balance legitimate business interests against the statutory requirement to facilitate union access. The agreement is not intended to be a legally enforceable contract, however, complaints relating to alleged breaches may be referred to the CAC, which could impose financial penalties in certain circumstances.

What should employers be doing now?

Although the regime has not yet come into force, employers should consider:

• deciding what parts of the workplace the unions should be allowed access to and when such access should be allowed;
• reviewing operational, confidentiality or security concerns for sites where union access may present; and
• developing a strategy for negotiating access agreements if requests are received.

For employers operating in sectors such as manufacturing, technology, life sciences and professional services, careful consideration of these issues at an early stage may help avoid difficulties once access requests begin to arrive.

How we can help

The Kuits employment team are well versed in advising on the upcoming amendments to the Trade Union and Labour Relations (Consolidation) Act 1992 and, together with the Kuits commercial team, are well placed to prepare and negotiate the associated access agreements. If you would like to discuss how the new access regime could affect your business, or would like support in how you can prepare, then please contact a member of our team at [email protected] or 0161 832 3434.