New trade union access rights: What employers need to know

Trade unions now have statutory rights to request access to workplaces, giving employers new responsibilities, strict response deadlines and potential financial penalties of up to £500,000. Our Group employment law specialists explain the new rules and what organisations should be doing to prepare.

Since 30 October 2026, trade unions have had a statutory right to request access to workplaces to meet workers, share information and recruit members.

Employers have just 15 working days to respond to a valid request, and one of the biggest practical risks is that a request might not reach HR quickly enough.

It could arrive at a regional office, land in a shared inbox or be handed to a site manager who doesn’t recognise its significance. By the time it reaches the right person, several days of the statutory response period could already have passed.

Employers need to understand the new requirements and have clear processes in place for recognising, escalating and responding to requests.

What are the new trade union access rights?

Under the new legislation, trade unions can request access to workplaces for purposes including meeting workers, providing information about union membership and recruiting new members.

The rights apply to employers with 21 workers or more, with the threshold calculated across the organisation rather than at individual workplace level.

This is particularly relevant for employers operating across multiple sites.

For example, an organisation with three sites employing eight workers each would fall within scope, despite none of its individual workplaces employing 21 people.

The new rights don’t give trade unions unrestricted access to workplaces. However, they do establish a statutory process that employers must follow.

Where access arrangements cannot be agreed, the matter may ultimately be referred to the Central Arbitration Committee (CAC), which has powers to determine whether access should be granted and impose arrangements where appropriate.

Can employers refuse a trade union access request?

Yes, but employers will need to justify their decision and follow the statutory process.

Employers must respond to a valid access request within 15 working days. If agreement cannot be reached, there is a statutory negotiation period of up to 25 working days, after which the matter can be referred to the CAC.

The CAC can determine whether access should be granted and impose arrangements where appropriate. Employers therefore cannot simply ignore a request or assume the final decision rests with them.

Any decision to refuse access should be carefully considered, supported by evidence and made with an understanding of the relevant legal requirements.

Employers should refer to the statutory Code of Practice, relevant Acas guidance and the CAC guidance for further information on the statutory process.

What are the financial penalties for non-compliance?

Failing to comply with statutory access arrangements can become expensive.

Where breaches continue and the CAC’s enforcement process is engaged, penalties can escalate substantially:

• Up to £75,000 for a first penalty order.
• Up to £150,000 for a second penalty order under the same agreement.
• Up to £500,000 for a third or subsequent penalty order.

These penalties aren’t automatic consequences of receiving or refusing an access request. They relate to failures to comply with statutory arrangements following the relevant enforcement process.

When determining penalties, the CAC considers factors including the seriousness and duration of the breach, alongside the employer’s size and resources.

For multi-site employers in particular, a consistent approach to handling requests will help reduce the risk of missed deadlines, disputes and non-compliance.

The practical challenges employers need to consider

Responding to a trade union access request involves more than assessing whether access should be granted.

Employers also need to consider how union reps can meet and communicate with workers privately, without inappropriate monitoring or interference.

This includes ensuring meetings aren’t monitored, conversations aren’t recorded and workers’ attendance or engagement with union communications isn’t tracked.

Depending on the workplace, employers may need to review:

• Private meeting spaces – whether suitable areas are available for confidential discussions between union representatives and workers.
• CCTV and workplace monitoring – whether existing arrangements could compromise the privacy of meetings or communications.
• Digital communications – how electronic access and communications can be accommodated while maintaining appropriate security.
• Site access procedures – how union representatives would enter and move around workplaces safely and securely.
• Internal reporting processes – how requests received at different locations will be recognised and escalated.

These issues may be particularly relevant in retail, manufacturing, logistics and other multi-site environments, where local managers are often the first point of contact.

Identifying potential barriers in advance will make it easier to assess requests and agree workable arrangements without unnecessary delays.

Five steps employers should take now

1. Establish clear responsibility

Identify who will assess access requests, make decisions and manage communications with trade unions.

Make sure responsibilities are clear across HR, employee relations, legal teams and local management.

For organisations with multiple sites, consider whether requests should be handled centrally to ensure a consistent approach.

2. Put a response process in place

Introduce a documented procedure covering how requests are received, assessed, escalated and responded to.

Include clear responsibilities for monitoring statutory deadlines, recording decisions and retaining relevant correspondence.

Consider how the process will work when key decision-makers are absent or requests arrive at individual sites rather than through central HR channels.

3. Understand when access can be refused

Make sure those responsible for responding understand the circumstances in which access may legitimately be refused and what evidence would be needed to support that decision.

Avoid making decisions based solely on local operational preferences or assumptions about whether trade union access should be permitted.

Seeking specialist employment law advice early can help employers assess their options and avoid unnecessary disputes.

4. Review workplace arrangements

Assess how union access could work in practice across your organisation.

Consider whether suitable private meeting spaces are available, how existing security arrangements would operate and whether CCTV or other monitoring systems could affect the confidentiality of meetings and communications.

Where changes may be needed, identify practical options that protect workers’ privacy without compromising workplace safety, security or other legal obligations.

5. Make sure managers know what to do

A trade union access request won’t necessarily arrive through an HR channel. Site managers, reception teams and employees responsible for shared inboxes should know how to recognise a request and who to contact when one arrives.

A simple escalation process, supported by clear guidance and appropriate training, can prevent requests being overlooked and give the organisation the time it needs to respond properly.

Need support with the new rights?

Our Group employment law specialists can help employers understand the new requirements, assess access requests and grounds for refusal, and establish practical procedures that work across their organisation.

Whether you’re preparing for your first request or dealing with one that’s already arrived, early advice can help you avoid missed deadlines, unnecessary disputes and costly mistakes.

Speak to our experts to discuss what the new rules mean for your organisation.

This article provides general information based on the legal position described at the time of writing. It does not constitute legal advice. Employers should seek specialist advice on their individual circumstances and check for subsequent legislative or guidance changes.