Trade union reforms

From 30 October, new rules under the Employment Rights Act 2025 will give trade unions a legal right to request physical and/or digital access to workplaces. The rules can apply even where an employer does not currently recognise a union, so many employers may be dealing with these requests for the first time.

The aim is to make it easier for unions to communicate with workers, recruit members and provide support and representation. The new access right cannot, however, be used to organise industrial action. Workers attending approved union meetings during working hours will need to be paid for that time.

Access should normally take place during working hours without causing unreasonable disruption to the business. Digital access could include communications through workplace email or online presentations, although employers will not have to give unions direct access to their IT systems or provide employees’ personal contact details.

Access arrangements may also cover employees working at client or other third-party sites, with employers expected to take reasonable steps to help facilitate this.

A formal union request must explain who the union wants to contact, why access is required, when it is proposed and whether physical or digital access is being requested. Employers will have 15 working days to respond.

There is a general expectation that reasonable access will be granted. Although issues such as security, health and safety or serious operational disruption can be taken into account, employers will usually be expected to find practical ways of addressing these concerns rather than simply refusing access.

If agreement cannot be reached, the matter can be referred to the Central Arbitration Committee (CAC), which can decide whether access should be provided and on what terms.

Employers should prepare before the new rules take effect. This should include establishing a process for receiving and responding to requests, considering suitable locations and times for union meetings, deciding how digital access could work and identifying who will manage the arrangements.

Organisations with workers based at client sites should also consider how access could be provided there. Relevant managers should be briefed on the new rules so they know how to respond if a request is received.

The key message is to prepare early. Employers that understand the process and have practical arrangements in place will be better positioned to respond quickly and reduce the risk of disputes or financial penalties. Should you wish to discuss this with 121 HR Solutions, contact us at enquiries@121hrsolutions.co.uk.

Trade union reforms

121 HR Solutions Ltd