Preparing for New Trade Union Access Rights: What Employers Need to Know

Trade Union access rights

At New Dawn Resources, part of our role as your HR partner is to keep you informed of emerging developments in employment law, particularly where they may have practical implications for your organisation. One such development is the introduction of new trade union access rights under the Employment Rights Act 2025, which are expected to come into force from October 2026.

While headlines have understandably focused on potential financial penalties, the reality is more nuanced. This article aims to outline the key facts in a clear, balanced way—so you can plan ahead with confidence.

What is changing?

The new legislation introduces a statutory right for independent trade unions to request access to workplaces—both physically and digitally—to:

  • Meet and communicate with employees
  • Provide support and representation
  • Recruit and organise members

Importantly, this right applies even where there is currently no recognised union within the business.

Employers with more than 20 employees will be in scope, meaning most organisations will need to be prepared to respond to access requests.

In addition, employers will be obliged to provide employees with a statement about their rights to join a trade union. It is expected that this statement will have to be issued regularly (perhaps annually) and include information about what trade unions do and reference to a list of available trade unions on the gov.uk website. It has been suggested that the government will provide a template statement for employers to adopt.

How will access work in practice?

The framework is designed to encourage agreement between employers and unions wherever possible. The process typically involves:

  • A formal written request from the union
  • A 15 working day period for the employer to respond
  • A further negotiation period if needed
  • Referral to the Central Arbitration Committee (CAC) if no agreement is reached

Draft guidance suggests that “model terms” for access are likely to include:

  • Access (physical and/or digital) up to once per week
  • At least two working days’ notice for visits
  • Use of existing workplace facilities, such as meeting rooms
  • Compliance with employer health & safety and site rules 
  • A requirement for meetings to be private, including the need to stop (or at least not view) any CCTV footage

It is also worth noting that access should not “unreasonably interfere” with business operations, an important safeguard built into the framework.

What about the potential fines?

There has been significant attention on the financial penalties associated with non-compliance. 

These operate on a tiered basis:

  • A declaration where an initial complaint is upheld
  • Up to £75,000 where there is a further complaint or breach
  • Up to £150,000 for repeated non-compliance
  • Up to £500,000 for continued breaches under the same agreement

These penalties are not automatic. They are intended as an enforcement mechanism where an employer repeatedly fails to comply with an agreed or ordered access arrangement. The stated aim from policymakers is to deter deliberate non-compliance, rather than penalise employers who are engaging constructively.

When deciding the value of a possible fine, the CAC will take into account the gravity of the breach, the duration of the beach, the reason(s) for the breach, the number of workers affected by the breach and the size and administrative resources of the employer. The CAC will also consider previous failures to comply.

Why has this change been introduced?

Historically, trade unions have not had a general legal right to access workplaces, relying instead on voluntary arrangements or existing membership within a workforce.

  • Support more consistent worker representation
  • Improve communication between employers and employees
  • Help resolve workplace issues earlier
  • Reflect modern working patterns, including digital communication

There is also an emphasis on creating more predictable and transparent processes for both employers and unions.

What are businesses saying?

Some employer groups have raised concerns about the potential operational impact, particularly around:

  • The frequency of access (e.g. weekly requests)
  • Administrative and management burden
  • Possible disruption to productivity

At the same time, the legislation and draft guidance do include provisions intended to ensure access is reasonable and proportionate.

In practice, much will depend on how access agreements are negotiated and implemented within individual organisations.

What should employers be doing now?

Although the changes are not expected to take effect until October 2026, early preparation can help minimise disruption. Consider:

  • Reviewing visitor and site access policies
  • Ensuring internal communication channels are effective
  • Training managers on how to handle potential requests
  • Thinking proactively about how access could be facilitated in a controlled and practical way

In many cases, agreeing voluntary arrangements may provide greater flexibility and reduce the likelihood of formal disputes.

A balanced perspective

It is understandable that headlines about large fines can cause concern. However, the introduction of trade union access rights represents a broader shift towards formalising workplace engagement structures, rather than an immediate compliance risk.

For most employers, the key will be preparation, clarity, and a constructive approach to any requests that arise.

How New Dawn Resources can help

At New Dawn Resources, we are supporting clients in understanding and preparing for these changes in a practical, proportionate way. If you would like to review your current HR policies or discuss how these developments may affect your organisation, our team is here to help.

This update is intended as general guidance and does not constitute legal advice. For specific support, please contact our team directly.