From 30 October 2026, qualifying independent trade unions (those holding a certificate of independence) have a new statutory right to request access to workplaces to communicate with workers.

The Trade Unions (Right to Access Workplaces) Regulations 2026 came into force on 30 October 2026 and extends to England, Wales and Scotland.

The new framework introduces formal timescales for employers to respond to requests and negotiate access. It also gives the Central Arbitration Committee (CAC) powers to determine whether access should be granted where an agreement cannot be reached.

What has changed?

Until now, trade unions have not had a general independent right to access workplaces; the new statutory framework changes this.

Independent trade unions will be able to formally request access to a workplace for purposes including meeting, supporting, representing, recruiting or organising workers, as well as facilitating collective bargaining. Access cannot be used to organise industrial action.

Access does not necessarily refer to a trade union official physically entering the workplace. Arrangements can also include communication with workers through other means, including digital communication.

Does this apply to small employers?

The CAC must refuse access where the employer, together with any associated employers, has:

• Fewer than 21 workers on the date the access request is received; and
• An average of fewer than 21 workers during the 13 weeks prior to that date

What happens if you receive a trade union access request?

An employer has 15 working days to respond. The count starts the day after the request is given.

If the employer accepts the proposed terms, it should make its acceptance clear. If it does not agree with some or all of the terms, it should identify what it disagrees with and explain why.

The aim is for the employer and trade union to negotiate and, where possible, reach an agreement. Once the employer has given its response notice, there is a negotiation period of 25 working days.

If the two sides can’t agree, the matter can be referred to the CAC. The CAC can then decide whether access should be granted and, if so, what the arrangements should look like.

What could trade union access look like?

The practical arrangements will depend on the agreement reached or the terms determined by the CAC. Access can be in person, digital, or a combination of both.

In practice, this could include:

• A trade union official meeting workers at their workplace;
• An online meeting with workers;
• The employer sharing trade union communications with workers; or
• A combination of physical meetings and digital communication.

Where physical access takes place, employers may need to make existing accommodation and facilities available where it is reasonable to do so. Employers should also make sure, as far as reasonably practicable, that direct communications between workers and trade union officials are private.

How much notice does a trade union have to give?

The Regulations provide for at least five working days’ notice before the first occasion of access and at least two working days’ notice before each occasion after that.

Where an agreement allows both physical and non-physical access, subsequent notices should also make clear which type of access will take place.

Trade union officials can also be required to follow reasonable instructions from the employer, including providing identification when requested.

How long can an access agreement last?

An access agreement must automatically expire no later than two years after the date it is entered into. However, it can provide for an extension beyond two years where this is agreed between the parties in accordance with statutory requirements.

What happens if an agreement is not followed?

The potential financial consequences are significant.

Where a breach leads to a CAC penalty order, the maximum penalties relating to the same access agreement are:

• £75,000 for the first order
• £150,000 for the second order
• £500,000 for the third and each subsequent order

These are maximum penalties rather than automatic fines.

What should employers be doing now?

For most employers, this is not about introducing a complicated new process. It is about making sure the right people understand the change and know what to do if a request arrives.

In particular, employers should make sure that:

• Managers and HR know where an access request should be directed;
• Requests and responses are recorded clearly;
• The 15-working-day response deadline isn’t missed;
• Any associated employers are considered when looking at the 21-worker threshold;
• Existing trade union recognition or access arrangements are identified; and
• Any practical health and safety, safeguarding, security or third-party considerations are identified early.

The main message is do not ignore an access request and do not assume you can simply say no. There is a formal framework for responding, negotiating and, where necessary, referring the matter to the CAC.

At the same time, receiving a request doesn’t mean an employer has to accept every term proposed by the trade union. The process allows the parties to negotiate how access will work in practice, taking account of both the trade union’s right of access and the operation of the workplace.