Trade union access to the workplace: a new reality for HR

The Employment Rights Act 2025 introduces major reforms to UK collective employment law, significantly strengthening trade union rights and creating new obligations for employers over 2026–2027.

One of the biggest changes is a new statutory right allowing independent trade unions to request access to workplaces from October 2026. This applies to employers with more than 20 workers and covers both:

physical workplace access; and
digital access through employer communication systems such as email, intranets, MS Teams and Slack.

Unions will be able to use this access to:

meet workers;
recruit and organise members;
support employees; and
facilitate collective bargaining.

However, the law specifically states the right is not intended to help organise industrial action.

The Act also reverses several previous restrictions on trade unions by:

repealing minimum service level legislation;
removing ballot turnout thresholds for industrial action;
reducing notice requirements; and
extending industrial action mandates from six months to 12 months.

Together, these reforms make it easier for unions to organise, gain recognition and sustain industrial action, increasing operational and industrial relations risks for employers.

Under the new process:

employers and unions will first try to negotiate workplace access agreements;
a statutory code of practice and secondary legislation will guide negotiations; and
unresolved disputes can be referred to the Central Arbitration Committee (CAC), which can impose access arrangements.

The draft code of practice proposes:

weekly union access;
only two days’ notice for visits; and
agreements lasting up to two years.

Employers must:

respond to access requests within 15 working days; and
complete negotiations within a further 25 working days before escalation to the CAC.

There will also be a fast-track process where unions request access based on the model terms.

The enforcement regime is strict, with penalties of up to £500,000 for repeated non-compliance.

Importantly, employers will only be able to refuse access where it would “unreasonably interfere” with business operations. The article argues that the key issue for employers is therefore not whether access will be granted, but how it will be managed.

Employer can start to prepare now by:

reviewing employee engagement strategies;
training managers on union access rights and limitations;
identifying operational, safety or confidentiality areas where access may legitimately be restricted; and
developing clear workplace access protocols before the reforms take effect.

Overall, the reforms are presented as a major recalibration of UK industrial relations that will require employers to adapt quickly to a more union-friendly legal environment.

121 HR Solutions will be keeping their clients up to date as further legislation updates come apparent on this matter. Should you wish to discuss further call 0800 9995 121.

Trade union access to the workplace: a new reality for HR

121 HR Solutions Ltd