Trade union access rights: preparing for the October 2026 changes

From 30 October 2026, trade unions will have a new right of access to places of work, both digitally and physically. The framework for the new regime is now clearer, following publication of the Government response to the consultation on the draft Code of Practice and the updated Code of Practice: Right of trade unions to access workplaces (the revised Code).

The regime applies to all employers who employ 21 or more workers. There is no requirement for the union to be recognised or to demonstrate a minimum level of worker support. Both employers who already recognise a trade union and those with little or no previous trade union engagement need to be aware of the statutory scheme, both in terms of knowing how to react if an access request is received and because it may impact strategy around voluntary engagement with unions. 

In this CMS Legal Update we focus on the statutory right of access process and set out steps employers can take to prepare. 

How does the statutory process work?

The legislation seeks to facilitate union access to places of work, through the mechanism of access agreements. There is a presumption in favour of access where it does not unreasonably interfere with the employer’s business, and the revised Code very much encourages employers to engage constructively. 

Access should be for the purpose of the union (i) meeting, supporting, representing, recruiting and organising workers; and (ii) facilitating collective bargaining; not for organising industrial action. 

There remains an emphasis on reaching voluntary agreements where possible, but there is no requirement for the voluntary route to be exhausted before making a statutory request. However, in the absence of a purely voluntary agreement, the legislation establishes a formal statutory process under which employers and trade unions are expected to negotiate access arrangements within prescribed timescales.

In broad terms, the statutory process is engaged when a trade union submits an access request (preferably by e-mail), inviting the employer to enter into an access agreement. Employers are encouraged to have an e-mail address publicly available for these purposes. After that:

• Within 15 working days, the employer must respond. They are encouraged, but not required, to reply using the formal response form contained in the revised Code of Practice;
• The parties then have 25 working days, (after the day on which the employer responded) to negotiate in good faith with a view to agreeing the access arrangements; 
• No later than the 55^th working day after the access request was made, where agreement cannot be reached, either party can apply to the Central Arbitration Committee (CAC) to decide on whether access should be granted.

The statutory timetable is relatively compressed. In practice, 15 working days may pass quickly where a request requires input from multiple stakeholders, meaning employers that have not identified ownership, escalation routes and decision-making processes in advance may find themselves reacting under significant time pressure. Employers seeking to avoid the matter passing to the CAC should identify a response team and protocol to allow it to react quickly in the event of an access request. 

Access agreements will be critical

Access agreements are intended to set out the practical arrangements governing how trade union access will operate in a particular workplace. While the revised Code includes template forms for making and responding to an access request, there is no template access agreement.

The revised Code identifies model terms the CAC must treat as reasonable or not unreasonably interfering with the employer’s business. In other words, it will be very difficult for employers to object to the inclusion of such terms as ultimately, they would be signed off by the CAC.  The model position includes:

• weekly access, although a different frequency may be agreed; 
• 5 working days’ notice by the union before the first occasion of access and at least 2 working days’ notice of subsequent access; 
• 2 year duration, although the parties may agree to extend an agreement;
• the employer making available existing accommodation and facilities;
• the employer making sure communications between the union and workers are private;
• trade union officials being obliged to comply with reasonable instructions of the employer. 

Beyond that, the revised Code contains extensive guidance on issues that may be covered by an access agreement, including the timing and frequency of access, location of meetings (with helpful sector specific examples included), workplace facilities and privacy and confidentiality. The matter remains complex where the employer operates multiple sites, employs workers on atypical working patterns and where third parties, such as landlords are involved. 

It is now clear that access should generally take place during working hours but at times to minimise disruption to the activities of the employer and that employees should be paid, in full, for the duration of their absence from work.

Digital access 

The regime is intended to cover both physical and digital access. 

A number of different digital options are listed in the revised Code including: facilitating online meetings via existing IT platforms, communicating through existing channels already used by the employer, such as through an intranet article or an existing messaging system, or the employer cascading emails on behalf of the trade union. Digital access needs to take into account data protection and employers are not required to disclose workers’ personal e-mail contact details unless consent has been given.

The revised Code also explains that employers should avoid building digital communication in as a small part of a wider update to workers about a separate matter.

When can a request be refused?

The circumstances in which the CAC must refuse access are limited. They include where the employer has fewer than 21 workers, where certain notice requirements have not been complied with, or where access would prejudice national security or the investigation or detection of offences. Despite the presumption in favour of access, the revised Code identifies circumstances in which the CAC may regard refusal as reasonable, which will also be relevant when employers negotiate access arrangements. The CAC may refuse access where:

• the employer already recognises an independent trade union for one or more workers covered by the access request;
• there is an ongoing statutory recognition process covering one or more workers in the access request;
• another access request is still live and at least one worker falls within both requests;
• two or more unresolved requests overlap because at least one worker falls within more than one bargaining unit;
• an existing statutory access agreement already covers at least one worker in the current request;
• in “very limited circumstances” where there are risks to health and safety; and  
• the request would involve significant structural changes to the employer’s premises or IT systems.

Employers should not treat these grounds as automatic reasons to refuse access, the presumption in favour of access means they will still need to engage with the request and consider whether revised or alternative arrangements could address concerns. Ultimately, it will be for the CAC to determine whether statutory access should be refused.

What does this mean for employers?

The practical implications of the new regime are likely to vary considerably between employers. For example, a manufacturing business operating across multiple sites is likely to face very different challenges from an employer with a predominantly remote workforce.

However, once a statutory access agreement is in place, the employer must take reasonable steps to facilitate the access provided for by its terms. The CAC has the power to award penalties, increasing from a maximum of £75,000 for a first penalty order to £150,000 for a second order and £500,000 for a third or subsequent order, with further penalties possible for continuing breaches. However, examples in the revised Code demonstrate that penalties could escalate quickly, particularly across multi-site employers. This places even greater emphasis on negotiating a workable access agreement in the first place. 

Getting ready

Employers should use the period before the new right will take effect on 30 October 2026 to prepare. Key areas for consideration include:

• Voluntary arrangements: 
  • For employers who already recognise a union, reviewing existing trade union arrangements and considering whether to approach a recognised trade union to formalise or strengthen effective voluntary access arrangements, giving both parties greater flexibility to tailor the arrangements to the workplace;
  • For employers who do not recognise a union, exploring recognition or a statutory access arrangement with a union deemed as moderate, with a view to reducing the risk of more militant unions gaining access.
• Strategy planning: 
  • Preparing a short summary or ‘heads of terms’ document setting out the employer’s preferred approach to access, for discussion with the relevant trade union in advance of any formal access agreement being negotiated;
  • Reviewing internal communication channels that may become relevant to digital access discussions.
• Identifying key contacts:
  • Identifying who will take ownership of trade union access requests and how requests will be escalated internally;
  • Publishing an appropriate contact address for access requests and putting in place records of when requests and responses are sent and received.
• Training needs:  
  • Planning training and awareness for line managers on how to recognise and respond to an access request and issues to be aware of when unions are on site.

If you would like assistance on developing your response to access requests or your wider industrial relations strategy, then please speak to your CMS employment team contact. We will be discussing the new right of access in our webinar on 17 September 2026, register here.