Trade unions now have new rights to request access to workplaces, even where an employer does not currently recognise a union.
The changes, introduced by s59 of the Employment Rights Act 2025 came into force on 30 October 2026 and allow qualifying independent trade unions to request both physical and digital access to workers.
With just 15 working days to respond to requests, employers need to be prepared.
Following our earlier article on trade union workplace access rights, we consider what the new rules mean in practice and what businesses should be doing now.
What do the new rights mean for employers?
Under s70ZA of the Trade Union and Labour Relations (Consolidation) Act 1992, qualifying independent trade unions can request access to workplaces to meet, support, represent, recruit and organise workers, as well as facilitate collective bargaining.
This could involve workplace meetings, emails, intranet communications or online discussions.
Importantly, employers cannot refuse access simply because they do not recognise a trade union. However, allowing access does not automatically amount to formal recognition.
Can employers refuse access?
Yes, although the circumstances in which access can be refused entirely are limited.
Under Regulation 7 of the Trade Unions (Right to Access Workplaces) Regulations 2026 (“TU RAW Regs”), the Central Arbitration Committee (“CAC”) must refuse access where an employer and its associated employers have fewer than 21 workers both at the date of the request and on average over the preceding 13 weeks.
Access may also be refused in circumstances involving health and safety, national security, criminal investigations or overlapping trade union arrangements, subject to the applicable statutory tests under Regulations 8-14.
Employers can raise genuine operational concerns, such as disruption during busy periods or security requirements. However, these will not necessarily justify refusing access altogether.
The key is to consider reasonable alternatives, such as different meeting times, alternative locations or appropriate safeguards.
What are the deadlines?
Under Regulation 3, employers have 15 working days to respond to a valid access request.
Regulations 3 and 4 of the Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026 prescribe the information that must be included in access requests and employer responses.
If the parties cannot immediately agree on the proposed arrangements, they have a further 25 working days to negotiate under Regulation 4 of the TU RAW Regs.
Where negotiations fail, either party may apply to the CAC under s70ZE of the 1992 Act. A union may also apply where an employer fails to respond within the initial deadline.
If an agreement is reached, both parties must jointly notify the CAC and provide a copy of the agreed terms.
The CAC can also take enforcement action where access agreements are breached, including issuing compliance orders and, following the relevant process, imposing financial penalties.
What about employees’ personal data?
Digital access does not mean unrestricted access to employees’ personal information.
Under s70ZL of the 1992 Act, employers are not automatically required to share personal email addresses or telephone numbers with trade unions.
Instead, businesses can facilitate communication through existing systems, such as circulating union information or arranging online meetings.
Any disclosure of personal data must comply with data protection legislation, and communications between workers and union representatives must remain private.
What should employers do now?
Employers should take practical steps to prepare for requests:
- Appoint a Human Resources lead to oversee requests and statutory deadlines.
- Introduce a central tracker to record requests, responses and agreements.
- Prepare a response procedure using the CAC’s published templates.
- Review workplace and digital facilities to identify how access could be accommodated.
- Train managers to recognise requests and escalate them promptly.
- Review data protection arrangements before sharing employee information.
Employers should also prepare for a separate requirement, expected from January 2027, to inform workers of their right to join a trade union.
Early preparation will be key to meeting statutory deadlines and avoiding unnecessary disputes.
How we can help
Jennifer Barton is a trainee solicitor in our Employment team.
If you require advice on the above subjects, please do get in touch with an Employment Law solicitor in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.