Many employers are beginning to receive trade union access requests, often unexpectedly and in workplaces with no prior union presence. While this can come as a surprise, particularly where employee relations are positive, it is important to be clear about the current legal position.
A new statutory access regime has been introduced, but it is not yet in force. The Government has confirmed that the relevant provisions are expected to come into effect in October 2026 via secondary legislation. Until then, there is no enforceable statutory right of access. However, some unions are already approaching employers in anticipation of the new regime.
The new framework is set out in the Employment Rights Act 2025, which inserts Chapter 5ZA into the Trade Union and Labour Relations (Consolidation) Act 1992 (beginning at section 70ZA). It gives qualifying, independent trade unions the right to request access to workplaces for the purposes of meeting, recruiting, organising, or supporting workers, and easing collective bargaining.
Importantly, the threshold for access is deliberately broad. A union does not need to be recognised by the employer, nor does it need to prove existing membership within the workforce before making a request. The intention is to ensure that workers can hear from a union and decide for themselves whether they wish to engage. Once the regime is in force, the right will apply regardless of how positive employee relations may be. Competent staff relations, in themselves, will not justify refusing or ignoring an access request.
A union will be able to start the process by giving a formal request under section 70ZB. Employers will have to respond to and engage with that request in good faith.
Ignoring a request, or refusing to engage without proper justification, will carry legal risk. Either party may refer the matter to the Central Arbitration Committee (CAC), which has the power to impose access arrangements where agreement cannot be reached.
The right of access is not unrestricted. The legislation includes important safeguards for employers. Access must not unreasonably interfere with the employer’s business. Employers are not required to compromise health and safety, security, or confidentiality, nor to accept disproportionate cost or operational disruption. In addition, unions have no right to use access arrangements to organise industrial action.
Employers are not without control. The framework allows for practical boundaries to be agreed around how access runs in practice.
Appropriate matters for discussion include where meetings take place, how often access is granted, what notice must be given, whether access occurs during working time, and what level of supervision is needed.
These are precisely the types of issues the CAC will consider if it is asked to intervene.
It is also important to be clear about what access does not mean. Granting access to a union does not amount to recognition for collective bargaining purposes. Recognition remains a separate legal process and is not triggered simply by allowing access.
Although the regime is not yet in force, requests are already being made. How employers respond now may shape future employee relations.
A dismissive or defensive approach risks creating unnecessary tension. By contrast, a measured, transparent response—one that acknowledges the forthcoming changes while setting proper boundaries—can reinforce confidence in the organisation’s leadership and culture.
Employers should therefore begin preparing now: understanding the legal framework, defining appropriate parameters for access, and ensuring that any future requests are managed consistently, lawfully, and in line with their broader employee relations strategy.
A union policy should now be included in the company handbook.
If you need any further advice and help, please do not hesitate to contact the Quest HR Advice Line on 01455 852028.
