New Trade Union Access Rights – What Employers Need to Know

One of the more significant employment law developments arising from the Employment Rights Act 2025 is the introduction of new statutory rights allowing trade unions to access workplaces and communicate directly with workers.
Whilst much of the detail will be introduced through secondary legislation and Codes of Practice, the changes are expected to come into force during 2026 and are likely to have a major impact on industrial relations within both unionised and previously non-unionised workplaces.

What Are the New Rights?
The new legislation gives qualifying independent trade unions the right to request access to workplaces for purposes connected with:

• Meeting workers;

• Recruiting members;

• Organising workers;

• Supporting and representing members; and

• Facilitating collective bargaining.
  

Importantly, these rights are not limited to businesses where a union is already formally recognised.
The legislation also extends beyond physical workplace access and is expected to include rights relating to digital communication with workers in certain circumstances.

What Does This Mean in Practice?
Historically, employers could often refuse trade union access requests relatively easily where there was no formal recognition agreement in place.
The new framework changes that significantly.
If a trade union requests access and agreement cannot be reached voluntarily, disputes may ultimately be referred to the Central Arbitration Committee (CAC), which will have powers to determine appropriate access arrangements.
This could potentially include:

• Access to workplace facilities;

• Meetings with employees;

• Distribution of union materials;

• Digital communication rights; and

• Agreed times and locations for engagement.
  
  

Are Employers Still Able to Set Boundaries?
Yes — the new rights are not unlimited.
Employers are still expected to be able to impose reasonable conditions relating to:

• Health and safety;

• Operational requirements;

• Site security;

• Confidentiality;

• Timing and duration of access; and

• Minimising disruption to the business.

The rights are also intended to support recruitment, organisation and representation activities rather than industrial action itself.

Why Is This Significant?

For many employers, particularly those with little previous trade union involvement, this represents one of the most substantial shifts in industrial relations law for many years.

The practical impact may include:

• Increased union visibility within workplaces;

• Greater employee engagement by unions;

• Increased recognition campaigns;

• More collective bargaining requests; and

• A need for managers to better understand industrial relations processes.

Businesses operating across multiple sites, working with contractors, or employing large operational workforces may see particular changes in how unions seek to engage with workers.

Final Thoughts
The new trade union access rights are likely to reshape how unions engage with workers across many sectors.
For some employers, the impact may be limited. For others — particularly businesses with operational, construction, manufacturing, logistics or site-based workforces — the changes may significantly alter the industrial relations landscape.
Early preparation, clear processes and informed management training will be key to navigating the new framework effectively.