From 30 October 2026, recognised trade unions will gain a statutory right to request access to workplaces and workers—both in person and digitally—for activities such as recruitment, organising, representation and collective bargaining. The government has now issued its consultation response, a revised draft Code of Practice, and supporting regulations, setting out how the new regime is intended to operate.
How the statutory access right will function
Under the new framework, an independent trade union will be able to submit a formal request seeking access to workers for specified purposes. Access may involve:
- Physical attendance, for example meetings between union officials and workers at the employer’s premises;
- Digital engagement, which is particularly relevant for employers with hybrid, remote or dispersed workforces.
A valid request must include certain prescribed details—such as the purpose of access, the group of workers concerned, and the proposed format and frequency of contact. Employers will have 15 working days to reply. Where an employer does not agree to the request in full, it must set out the points of disagreement and explain its reasoning. The parties then have a further opportunity to negotiate suitable arrangements.
The right is not unlimited. The legislation requires unions and employers to work within a structured framework to reach reasonable access arrangements, taking account of factors such as:
- workplace logistics and working patterns
- health and safety considerations
- security and confidentiality requirements
- digital communication systems
- the need to minimise operational disruption
When agreement cannot be reached
If negotiations fail, either party may refer the matter to the Central Arbitration Committee (CAC). The CAC will have authority to:
- determine the terms on which access must be provided;
- consider complaints about non‑compliance with an access agreement or CAC determination.
The enforcement regime is significant. Financial penalties may reach £75,000 for a first breach, rising to £500,000 for repeated breaches. The updated Code provides guidance on how the CAC will assess seriousness, distinguishing between deliberate or high‑impact breaches and more minor failures.
Key changes following consultation
The government has made several refinements to the draft Code, including:
- clearer guidance on how unions should submit access requests and how employers should respond;
- confirmation that minor administrative mistakes will not automatically invalidate a request;
- expanded commentary on:
- appropriate locations and timing for access
- workers with irregular or non‑standard working patterns
- workplaces not directly controlled by the employer
- digital access routes
- the financial penalty framework
- standard forms and templates used under the regime
The additional detail on digital access will be particularly important for employers whose staff rely on email, intranet systems or workplace messaging platforms. Requests for digital access may raise issues around data protection, cybersecurity, confidentiality and acceptable‑use policies. Physical access may also require careful planning where premises contain sensitive information, restricted zones or specific safety risks.
Practical steps employers should take now
With implementation approaching, employers should begin preparing for the new regime. Key actions include:
- Establish an internal process for handling requests
Identify who will receive and respond to access requests, who has authority to negotiate, and how decisions will be documented.
- Map your workforce and access points
Assess what forms of physical and digital access are feasible across different parts of the organisation, including remote workers, shift workers and staff based at third‑party sites.
- Review existing agreements
Consider whether recognition agreements, collective bargaining arrangements or facilities agreements need updating. Where informal access arrangements already exist, decide whether they should be formalised.
- Audit digital communication platforms
Evaluate whether union access to email, intranet or messaging systems raises GDPR, cybersecurity or acceptable‑use concerns. You may need safeguards such as designated channels, clear labelling of union communications, or rules governing how contact lists are handled.
- Identify sensitive or restricted areas
Document any parts of the workplace where access may need to be limited due to confidentiality, safety or operational requirements. This will help you justify restrictions if a request is made.
- Prepare template responses
Draft standard responses for different types of request—full agreement, partial agreement with proposed amendments, or requests for clarification—to help meet the statutory 15‑day deadline.
- Coordinate internally
Ensure HR, legal, IT, data protection and operational teams understand the new regime and can flag issues early.
Preparing for October 2026
The impact of the new access regime will vary depending on your organisation’s structure, workforce and working practices. With the implementation date fast approaching, now is the ideal time to review your arrangements, identify any gaps and ensure you are ready to respond promptly and lawfully to union access requests.
19 August 2026