New right of Trade Union access to workplaces

From October 2026, Trades Union will have the right of access to workplaces, even if the employer does not currently recognise a Trade Union.

The right of access allows unions to meet, support, represent, or organise workers (not just union members) and to facilitate collective bargaining, it does not allow for access to organise industrial action. This right of access will cover employers with more than 20 workers and covers both 'physical' access – coming onto an employer's premises, and 'virtual' access e.g. by video, depending on what the union is requesting. The government has just published a draft code of practice on how this right is intended to operate, and whilst consultation on this hasn't yet concluded, these drafts are usually a reliable preview of the gist of the final provisions. The idea is that Unions and employers can either agree on union access, and if not an agreement to allow access can be imposed by law. There are some rather alarming enforcement provisions, including penalties for breaches of an access agreement, maximums starting at £75,000, going up to £175,00 and for a third breach £500,000 on employers (or unions) if they fail to keep to the terms of an access agreement. Also note that other people involved in a breach could also be penalised (e.g. a director or a parent company).

The code stresses that voluntary access agreements should be reached, and if not, they can be imposed by the Central Arbitration Committee (which is a bit like an employment tribunal, but for employers and unions). Meetings should take place at an actual location of work, or if that is impractical, in a nearby meeting room or area. Meetings should be in normal working hours, and employers should respect the privacy of meetings and management shouldn't attend meetings (unless invited by the union). Also, any CCTV should be turned off or at least not recorded to ensure the privacy of meetings. Employers who have staff based on another company's premises (e.g. security staff) are expected to seek agreement from their host to union access. Also note that just because a union wants access, employees are not obliged to meet with a union.

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