The Employment Rights Act 2025 introduces a new statutory right for qualifying trade unions to access workplaces. The right will come into force on 30 October 2026 and will be supported by secondary legislation and a statutory Code of Practice.
The new framework will allow independent trade unions to access workplaces for purposes including meeting workers, recruiting members, organising, supporting workers, representing workers and facilitating collective bargaining. Importantly, the right is not limited to recognised unions and is not confined to workers who are already union members.
For employers, this is a significant change. Businesses that have had little or no previous trade union engagement may receive formal access requests once the regime is in force. Employers will need to consider such requests carefully and should avoid blanket refusals or inconsistent decision-making.
The right will not give unions unrestricted access. The detailed rules on reasonable access, notice, conditions, timing and enforcement will be set out in further regulations and a Code of Practice. Employers will still be able to take account of legitimate operational issues, including health and safety, confidentiality, security and business disruption.
Preparation should begin now. Employers should review existing recognition and access arrangements, identify who will handle union requests, train managers and update site access procedures. It will also be sensible to prepare a clear internal protocol for assessing requests and documenting decisions.
This reform is part of a wider legislative shift towards strengthening collective workplace rights. Employers that put practical processes in place before 30 October 2026 will be better placed to manage requests lawfully and with minimal disruption.
For advice or further information on these new Trade Union access rights, call Henry Doswell of Doswell Law Solicitors on 01233 722942. Alternatively, email Henry at henry@doswell-law.com
Disclaimer: Whilst every reasonable effort is made to make the information and commentary contained in this blog accurate and up to date, Henry Doswell takes no responsibility for its accuracy and correctness, or for any consequences of relying on it. The information and commentary in this blog does not constitute legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a lawyer about your case or matter.