Trade union access: what changes on 30 October?

Adrian Fryer

From 30 October 2026, independent trade unions will have a new statutory route to access workplaces and communicate with workers. For businesses with little or no existing union involvement, this could be a significant change.

What does “access” mean?

A union with a certificate of independence will be able to request access for purposes including meeting, supporting, representing, recruiting or organising workers, and facilitating collective bargaining. It does not extend to organising industrial action.

Importantly, the union does not need to be recognised by the employer, and the workers concerned do not need to be union members.

Access can take two broad forms:

• physical access, with union officials entering the workplace; and
• communication with workers, directly or indirectly, including digital access. This might involve an employer facilitating an online meeting or circulating an email on the union’s behalf. It does not mean giving the union direct access to the employer’s IT systems or employee data.

Employers cannot simply insist on digital access instead of physical access, or vice versa. There is a statutory presumption in favour of access, provided it does not unreasonably interfere with the business.

Can an employer say no?

There is some scope to resist access, but a blanket refusal will be difficult to justify. Access should be refused entirely only where that is reasonable in all the circumstances.

The CAC must refuse statutory access where the employer has fewer than 21 workers overall. It may also be reasonable to refuse access in certain circumstances, including where another independent union is already recognised in respect of the workers concerned, there is an ongoing statutory recognition process, or there are overlapping access arrangements or requests. Health and safety, security, and operational considerations may also affect the terms on which access is permitted.

How does the process work?

A union can make a formal access request. The employer has 15 working days to respond, after which there is normally a 25-working-day negotiation period. If terms cannot be agreed, either party can refer the matter to the Central Arbitration Committee (CAC), which can decide whether access should be granted and, if so, on what terms.

For HR, the practical priority is to decide who will receive and manage access requests, understand the tight statutory timetable, and consider now how physical and digital access could work without unnecessarily disrupting the business.

Contact Adrian Fryer, Senior Partner and Head of Employment.