The introduction of Workplace Union Access Rights.
Megan Robson is a solicitor at specialist employment law firm, Collingwood Legal. Megan outlines the changes introduced by the Employment Rights Act 2025 in relation to the introduction of workplace union access rights.
The employment law landscape continues to evolve with the introduction of the Employment Rights Act 2025. One development that will present unique challenges to employers is the introduction of trade union access agreements.
The current legal framework does not give unrecognised trade unions a statutory right to access workplaces. However, from 30 October 2026, rules on a trade union’s right of access to the workplace will be updated, enabling trade unions and employers to enter into “access agreements”, allowing union officials access to the workforce both physically and digitally for the purpose of meeting, representing, recruiting or organising workers, or facilitating collective bargaining. Access will be prohibited for the purpose of organising industrial action.
The change will impact all employers with 21 or more workers and aims to facilitate trade union contribution to the workplace. There are concerns that many employers will be unprepared for this significant change and this could lead to costly mistakes.
Access Agreements
A trade union will be able to submit an “access request” to the employer, who must respond within 15 working days. If an employer responds positively to the access request, the parties have 25 days from the response to agree written terms of access. Should the terms of access be agreed between the union and the employer, then they can be agreed in writing and the Central Arbitration Committee (“CAC”) can be notified.
What happens if an Employer fails to respond, or an agreement cannot be reached?
Should an agreement not be reached, or the employer fail to respond, the union may apply to the CAC to determine the application. The CAC must consider the “access principles” when making a determination.
The legal principles underlying this right are that:
Trade union officials should be able to physically enter a workplace or communicate with workers (or both) for any of the access purposes in any manner that does not unreasonably interfere with the employer’s business.
An employer should take reasonable steps to facilitate access by union officials.
Physical entry into a workplace and communications with workers should not be unreasonably refused by employers.
Union access should be refused entirely only where it is reasonable in all the circumstances to do so.
The CAC therefore has significant powers to impose terms on employers. We are working with employers to ensure they understand how to respond to an access request.
Enforcement & Risks
If an employer does not respond by the end of the 15 working day response period, the union may make an application requesting the CAC determine if access should be granted and on what basis.
Access agreements will be enforceable. Failure to comply with an access agreement can have significant detrimental consequences. Breach of an access agreement can result in fines up to £75,000 for a first penalty, up to £150,000 for a second penalty and up to £500,000 for a third breach and further non-compliance under the agreement.
Take action before the changes take effect
First and foremost, all employers of 21 or more people must be alive to any request received and be aware of the significant risk to its business in not dealing with union requests.
Employers should also consider:
Reviewing existing policies;
Training the workforce on the changes;
Training managers on how to respond to access requests; and
What access is appropriate for their organisation.
Access agreements that are drafted too widely and a lack of clear parameters may inadvertently grant rights beyond those intended. We will work with employers to ensure the scope of access is clearly defined.
The practical implications of the changes should not be underestimated.
Employers should act now to review existing policies, procedures and provide appropriate training to the workforce.
Collingwood Legal is a specialist employment law firm that can help you navigate the complexities of employment law, providing expert advice and training across all areas.
www.collingwoodlegal.com