Trade Union access rights: Are employers ready for the new regime?

Employer obligations towards trade unions are set to change significantly later this year. The Trade Union and Labour Relations (Consolidation) Act 1992 will soon have a new statutory trade union access regime brought in by the Employment Rights Act 1995.

The new regime is expected to come into force on 30 October 2026. With Autumn just around the corner, this article explains why employers should get ahead of the changes now.

A new right of access

As things currently stand, trade unions do not have an automatic right to enter workplaces.  Access is typically dependent on employer consent, a recognition agreement, or existing statutory entitlements such as an employee’s right to be accompanied to a disciplinary or grievance hearing.

Under the new regime, independent trade unions will be able to submit an “access request” to employers with 21 or more workers, even where a union has no existing members within the organisation and isn’t recognised for collective bargaining purposes. Importantly, there is no requirement for a prior workplace dispute or evidence of employee interest before a request can be made.

The right will cover both physical and digital access including workplace visits and communications with employees through email and other digital platforms. Access can be requested for various reasons although organising industrial action is expressly excluded.

Once access has been granted, an access arrangement can remain in place for up to two years.

Tight timescales for employers

The process for dealing with requests places employers under considerable time pressure. Once a union submits an access request, employers have 15 working days to respond. If agreement can’t be reached, employers have a further 25 working days to enter into negotiations with the union before the matter is referred to the Central Arbitration Committee (CAC).

The role of the CAC

Where access cannot be agreed voluntarily, the CAC will determine whether access should be granted and on what terms. In doing so, it must balance the objective of enabling trade union access against the need to avoid unreasonable disruption to the employer’s business, however there are limited circumstances where access may be refused. The CAC will also consider alleged breaches of access agreements. Any dispute will be determined with proper consideration to the intention of Government with this new legislation; trade unions should have access to workers.

Financial penalties

The new regime carries substantial financial penalties for non-compliance. The CAC may impose fines of up to £75,000 for an initial breach, £150,000 for a second breach and £500,000 for a third or subsequent breach. The level of fine will depend on factors such as the seriousness and duration of the breach, the number of workers affected and the size and resources of the employer.

What should employers be doing now?

Although legislation is not yet in force, employers are recommended to take the following steps now:

• Consider what reasonable access arrangements might look like, such as suitable meeting locations, access times and any operational constraints that need to be considered.
• Have a clear operation plan for responding to requests, including secure digital access arrangements. Bear in mind that access may be requested for staff who don’t have a set physical workstation, or a company email address, so alternative means of reasonable access may be required.
• Identify who will be dealing with requests and ensure that those responsible are familiar with the relevant procedure. The access request may be made indirectly, or simply posted/dropped off at reception. It cannot be ignored or delayed in responding to.
• Update existing recognition agreements to include voluntary access provisions.
• Assess current employee satisfaction levels – ensure that employees are consulted around workplace decisions and have ample opportunity to raise concerns.
• Seek legal advice as soon as a request comes in, particularly in the early stages of the new regime.

It’s expected that unions will look to take full advantage of the new regime as soon as it comes into force.  Employers that understand the new framework and prepare in advance will be best placed to respond effectively once the requests start to arrive.

Should you require further advice on the upcoming changes, please contact Musab Hemsi, or your regular Anderson Strathern contact.