Employers could face major fines for restricting union access under new rules

Businesses may face financial penalties of up to £500,000 if they prevent trade unions from accessing workplaces, under proposed enforcement measures from the government.

Following a consultation on union access rights, the plans would allow unions to request entry to organisations with 21 or more employees, potentially as often as once a week. Failure to comply could lead to a series of escalating fines. An initial breach may result in a penalty of £75,000, rising to £150,000 for a second offence, and up to £500,000 for repeated violations.

Under the proposed system, employers would have 15 days to respond to an access request, followed by a negotiation period of 25 days. If no agreement is reached, an independent

Critics argue that allowing frequent access with minimal notice could be difficult for many employers to manage, particularly those without prior experience working with trade unions.

In some cases, unions may only need to provide a short notice period before visiting, which could create logistical challenges.

Business groups have also warned that smaller organisations may be disproportionately affected. Without dedicated HR or administrative support, handling regular access requests could place additional strain on limited resources and disrupt day-to-day operations. Despite these concerns, the proposed rules are expected to move forward, with implementation anticipated through secondary legislation in late 2026.

The framework would allow unions to engage with employees both in person and through digital channels, such as virtual meetings or online forums.

Employers would still be able to agree practical arrangements around access, including timing, location, and frequency, as well as whether visits occur during working hours. Importantly, granting access would not automatically mean formal recognition of a union for collective bargaining purposes.

Organisations will be expected to respond to access requests constructively, regardless of how strong their existing internal communication systems may be. If you would like to discuss this matter further, contact 121 HR Solutions on 0800 9995 121.

Employers could face major fines for restricting union access under new rules

121 HR Solutions Ltd