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Blog • • 05.10.26

The future of trade unions: right to request access

Helen Hancock
In House Employment Lawyer

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The world of work is changing, and the role of trade unions is changing with it. 

For employers, this isn’t just about keeping up with legal developments. It’s about understanding how workplace relationships, employee expectations and representation may evolve in the months ahead. 

In this guide, we’ll look at what these changes could mean for employers and the practical steps businesses can take to prepare with confidence.  

Greater workplace access for trade unions 

Trade union rights are set to evolve over the coming months, giving unions greater opportunities to engage with workers and increasing employers’ responsibilities around workplace representation. 

From October 2026, new access rights will come into force, followed by further changes from January 2027. Watch our webinar about all the upcoming changes.

While some organisations already work closely with trade unions, others may have little or no experience of union engagement. As these changes take effect, employers may need to review their policies, procedures and approach to employee relations to ensure they’re ready. 

These reforms are part of a wider effort to strengthen trade union representation in the workplace, making them an important area for employers to understand ahead of the upcoming changes. 

A new right of access to the workplace 

From 30 October 2026, trade unions will gain a new legal right to request access to workplaces. The aim is to make it easier for unions to engage with workers, recruit members and provide support and representation where needed. 

For employers, this could be one of the most significant changes to trade union rights in recent years. While some businesses already have established relationships with trade unions, others may be thinking about these issues for the first time. 

The new right will apply to employers with 21 or more workers. Importantly, the definition of a worker is wider than just employees, meaning some organisations could be affected even if they employ fewer than 21 people. 

What will unions be able to use access rights for? 

Under the new rules, trade unions can request access to: 

  • Meet with workers 
  • Support and represent workers 
  • Recruit new members 
  • Organise workers 
  • Facilitate collective bargaining 

Access rights cannot be used to organise industrial action or strikes 

 What could this mean for employers? 

For some employers, the practical impact may be limited. For others, particularly those with little previous union engagement, the changes could require a different approach to employee relations. 

Employers may need to consider: 

  • How access requests will be received and managed 
  • Who will be responsible for responding to requests 
  • Whether existing policies need updating 
  • How union representatives will engage with workers on-site 
  • How requests involving remote workers will be handled 

Every organisation will be different, but having a clear approach in place before the changes take effect can help employers respond with confidence. 

A formal process with significant consequences 

While voluntary agreements are encouraged, trade unions can also use a formal legal process to request access. Employers must respond within set timescales, and any unresolved disputes may ultimately be decided by the Central Arbitration Committee (CAC). 

Importantly, employers that fail to comply could face: 

  • Fines of up to £75,000 for an initial breach 
  • Significantly higher penalties for repeated breaches 
  • Access arrangements imposed by the CAC where agreement cannot be reached 

This means understanding the new framework will be important for any organisation that falls within scope. 

Employers will need to inform workers of their trade union rights 

A further change will take effect from January 2027, when employers will be required to provide workers with information about their right to join a trade union. 

The requirement will apply to all employers and will cover both employees and workers. Employers will need to provide the information to new starters and ensure existing staff have access to it. 

In practice, employers should expect to review: 

  • Onboarding processes 
  • Employment contracts and starter documentation 
  • Employee handbooks 
  • Workplace policies and communications 

While largely administrative, the new requirement reflects a wider focus on improving awareness of workplace rights and trade union representation. 

What should employers be doing now? 

While the new trade union rights may not affect every organisation in the same way, employers should take time to understand how the changes could impact their workforce. 

As these changes come into effect, employers should consider: 

  • Reviewing existing employee relations and trade union policies 
  • Identifying who will be responsible for responding to union access requests 
  • Ensuring managers understand the new rights and employer obligations 
  • Reviewing onboarding and induction processes 
  • Preparing for the introduction of trade union rights information for workers 
  • Monitoring further government guidance as additional detail becomes available 

For organisations with little previous trade union engagement, preparing early can help avoid uncertainty and ensure any requests are handled consistently and confidently. 

How SafeHR can help 

Keeping up with employment law changes can be challenging, especially when new requirements have the potential to affect policies, procedures and day-to-day people management. 

SafeHR‘s expert advisers can help you understand what the new trade union rights mean for your business and provide practical guidance on the steps you may need to take. 

With expert HR advice, practical resources and compliance-focused software, SafeHR can help employers stay informed and prepared as employment law continues to evolve. 

Whether you’re preparing for the new workplace access rights or reviewing your onboarding processes ahead of the January 2027 changes, SafeHR is here to help.  

Conclusion 

Trade unions are expected to play a bigger role in many UK workplaces over the coming years. The introduction of workplace access rights and new requirements around trade union information reflect a wider shift towards greater employee representation and awareness of workplace rights. 

For employers, the challenge isn’t just understanding the changes. It’s making sure policies; , procedures and management practices are ready to support them. 

By understanding what’s ahead and preparing early, businesses can approach the changing employment landscape with greater confidence and be better placed to respond when the new rights come into force.

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