Trade Union Access Is Changing: What Employers Need to Know
If your company does not currently recognise a trade union, you might assume that changes to trade union law will not affect you.
That assumption could leave your business unprepared.
Under the Employment Rights Act 2025, independent trade unions are expected to gain a new statutory route to request access to workplaces. The changes are planned to take effect from 30 October 2026, subject to parliamentary approval, and will apply across England, Scotland and Wales.
The purpose is to allow unions to communicate and engage with workers, including for recruitment, representation, organisation and collective bargaining. Access may take place physically, digitally or through a combination of both.
For many smaller employers, this will be unfamiliar territory. The answer is not to become defensive or wait for the first request to arrive. It is to understand the framework, decide who will manage requests and make sure managers know how to respond appropriately.
What is changing?
Until now, a union without an existing recognition or voluntary access agreement has generally had no broad statutory right to enter a workplace simply to engage with workers.
The new framework changes that. A qualifying independent trade union will be able to make a formal access request to an employer for permitted purposes. These include:
meeting workers;
supporting or representing workers;
recruiting or organising workers; and
facilitating collective bargaining.
The access right is not intended to cover organising industrial action.
Where a request is made, the employer and union will be expected to engage and try to agree workable arrangements. An agreement could address matters such as where and when access takes place, which workers are covered, whether access is physical or digital, and the facilities that will be available.
If the parties cannot agree, the matter may be referred to the Central Arbitration Committee (CAC), which will be able to determine whether access should be granted and on what terms.
Does this mean a union can simply turn up?
No. The proposed framework is based on a formal request and an agreed or determined access arrangement. It is not an unrestricted right for union officials to arrive unannounced and move freely around a workplace.
Employers will still be able to raise legitimate operational concerns, including:
health and safety requirements;
security and confidentiality;
the effect on customers or service delivery;
the availability of suitable meeting space;
the working patterns of the employees concerned; and
whether digital or off-site access would be more appropriate.
However, these concerns should be used to shape reasonable access arrangements—not as a blanket reason to refuse engagement.
A new duty to inform workers
The access provisions form part of a wider package of trade union reforms.
From 30 October 2026, employers are also expected to have a new duty to give workers a written statement informing them of their right to join a trade union. The detailed requirements—including the prescribed wording, timing and method of delivery—are being set through secondary legislation.
Employers should therefore prepare their onboarding and employee communication processes now, while checking the final rules before issuing any new wording.
This duty is separate from whether the organisation recognises a union and may therefore affect a much wider group of employers.
Why this matters for SMEs
Trade union relations may feel like an issue mainly associated with large organisations or heavily unionised industries. In reality, these changes are designed to create a route for unions to engage with workers in organisations where no relationship currently exists.
An SME receiving its first formal access request may have no established process, no nominated contact and managers who have never dealt with a trade union. That creates several risks:
a request is overlooked or handled too slowly;
a manager rejects it without understanding the legal framework;
inconsistent or inappropriate comments are made to employees;
legitimate operational concerns are not explained clearly; or
the employer appears hostile to union membership or activity.
Workers must not be subjected to detriment because they are union members or take part in protected union activities. Managers therefore need to understand the difference between communicating the organisation’s position lawfully and attempting to discourage, pressure or penalise employees.
What should employers do now?
1. Nominate a responsible person
Decide who will receive and coordinate any union access request. For a smaller organisation, this might be the owner, a senior manager or an external HR adviser.
2. Create a simple response process
Set out what should happen when a request arrives: who must be notified, what information needs checking, how operational input will be gathered and when specialist advice should be sought.
3. Brief managers
Managers should know that they must not ignore, dismiss or respond informally to a union request. They should also understand that employees are entitled to choose whether to join a union without pressure from the employer.
4. Review practical access arrangements
Consider how physical or digital access could work across your business. Think about shift workers, remote employees, multiple sites, customer-facing environments, confidential areas and any premises controlled by a landlord or third party.
5. Prepare for the worker-information duty
Identify where the required trade union statement will sit within your onboarding process and how it will be issued to existing workers if required. Wait for the final prescribed requirements before settling the wording.
6. Keep a clear written record
Record the request, discussions, operational considerations, proposals and agreed outcomes. Good documentation will help demonstrate that the organisation has engaged reasonably and constructively.
Constructive engagement is the best starting point
Receiving a union access request does not automatically mean that recognition, collective bargaining or industrial action will follow. It means that the union is seeking an opportunity to communicate with workers for a permitted purpose.
Employers do not have to agree to every proposal exactly as presented. They should, however, approach the request calmly, meet the relevant timescales and put forward practical alternatives where necessary.
The strongest position is usually one built on good employee relations before any request is received: fair treatment, credible managers, open communication and effective ways for employees to raise concerns.
How Melford People Partners can help
Melford People Partners can help SMEs prepare for the new requirements, brief managers, review employee communications and respond appropriately if a trade union access request is received.
If you would like a practical conversation about what the changes mean for your organisation, please get in touch for a free initial chat—no pressure, just clear and straightforward HR advice.
This article provides general information and does not constitute legal advice. The proposed commencement and detailed requirements should be checked against the final legislation and official guidance before implementation. The trade union measures described apply to England, Scotland and Wales; trade union law is devolved in Northern Ireland.
