In our latest ERA Bitesize webinar, we explored some significant trade union reforms which are set to reshape workplace relations over the coming years. If you were unable to join us, this article highlights one of the key changes employers need to have on their radar.
From 30 October 2026, independent trade unions will have the right to request physical and digital access to workplaces for the purposes of recruiting, organising, supporting and representing workers, and facilitating collective bargaining. Any union can request the right of access from an employer - there is no need that it is recognised by that employer or has any current relationship with that employer or even that any of the employer's workers are members of that union. The only criteria for the right to request access is that the union is an independent union (with a certificate of independence) – this just means the union is not controlled by an employer or group of employers or an employer’s association.
There is one exception to this right to request access. The right does not apply where the employer, taken together with any associated employer, has fewer than 21 workers.
Employers will be operating under tight statutory timescales if a right of access is submitted. Following receipt of a request, they will have just 15 working days to respond, after which the parties will enter a negotiation period to seek agreement on the terms of access. Where agreement cannot be reached, the matter may be referred to the Central Arbitration Committee (CAC), which has the power to impose an access agreement.
The draft Code of Practice envisages both physical and digital access arrangements. Physical access could include meetings with workers during working hours using existing workplace facilities. Digital access may involve unions communicating with workers through existing employer communication channels or holding virtual meetings using current technology platforms. While employers will only be required to take reasonable steps to facilitate access, they will need to think carefully about confidentiality, IT security, data protection compliance and practical arrangements for remote workers, shift workers, and employees working on third-party sites.
The new regime carries potentially significant consequences for non-compliance. The CAC will have powers to order compliance with access agreements and impose substantial financial penalties for repeated breaches. Employers should therefore ensure that robust internal processes are in place before the new rights come into force.
The key message from our webinar was clear: employers should not wait until the first access request arrives. With short response deadlines and an expectation that access will generally be facilitated, now is the time to identify who will handle requests, review relevant policies, consider practical access arrangements and establish internal approval processes.
If you missed the webinar and would like to discuss how these reforms could affect your organisation, please contact a member of our employment team.
Signed up and find out more about our upcoming ERA webinars and access past recordings here.
