New trade union right of access to workplaces: What employers need to know

As of today, 30 October 2026, trade unions have a statutory right to request access to workplaces.

Any trade union may request physical and/or digital access to a workplace. The trade union does not need to be recognised by the employer, nor does it need existing members within the workforce.

The right to request access applies to employers with 21 or more workers, including workers employed by associated employers in Great Britain.

Access may be physical, digital, or a combination of both and the purpose is limited to meeting, supporting, representing, recruiting and organising workers, as well as facilitating collective bargaining. The legislation expressly excludes organising industrial action.

There is a limited timescale to respond to such requests, being 15 working days from receipt of the request and employers must identify a contact person, confirm whether access is granted and if not, explain the reasons for refusal.

A 25-working day negotiation period follows should an employer refuse access.

Where agreement cannot be reached, the trade union may apply to the Central Arbitration Committee (CAC), which will determine whether access should be granted and on what terms. The same applies where an employer fails to respond within 15 working days.

The Regulations contain model access terms, including weekly access, five working days’ notice for an initial visit, two working days’ notice for subsequent visits, use of existing meeting facilities, privacy protections, and a requirement for union officials to comply with reasonable management instructions.

It is important to note that both digital and physical access should be presented as an option to representatives – one should not be refused by virtue of the other being offered. There is no automatic right to attend meetings, and they should only attend upon invitation.

The legislation contains several important exclusions. There is no right of access to private homes, nor where access would jeopardise national security or a criminal investigation.

Further, employers are not required to provide unions with employee’s personal information and will generally rely upon employers distributing their communications to employees.

If you require any assistance on receipt of a request for access, please contact our employment department.

This article was written by Gabrielle Scriven.

Need advice on trade union access requests?

Our employment law team can help you understand your obligations under the new regulations and navigate requests for physical or digital workplace access. Contact us for practical advice and support.