The government has published its response to consultation on strengthening the right of trade unions to access workplaces, which is due to come into force in October 2026.

The government will introduce a statutory right of access for independent trade unions to engage with workers in person or digitally for the purposes of representation, support, recruitment, organisation, and collective bargaining.

The government intends to bring forward regulations and a new statutory Code of Practice setting out how the right of access will work in practice. Key elements will include:

• A clear and consistent process for submitting, responding to, and negotiating access requests.
• The ability for unions to request both physical and digital access, reflecting the realities of modern workplaces and hybrid working patterns.
• A role for the Central Arbitration Committee (CAC) in determining whether access takes place where the parties cannot agree.
• A streamlined route for straightforward cases.
• A penalty framework that ensures compliance.

Access requests

The government considers that access requests and responses should be in writing, primarily via email but with post permitted where appropriate. The government will provide a standard template for access requests and responses.

Information required in the request will include:

• The purposes(s) of the access request.
• A general description of workers who the union seeks access to.
• A statement that it is a request under the relevant legislation.
• Type of access request – whether physical and/or digital, the nature of access and rationale for type of access requested, appropriate support required from the employer to facilitate access.
• Notice period for access visits.
• Frequency of access and the rationale for it.
• Workplace locations, if physical access is requested.
• Certificate of independence.
• Union contact details.
• Whether the request is a repeat of an access request.

Information required in the employer’s response will include:

• Whether the employer:
  • Accepts the access request in full.
  • Accepts the access request in part.
  • Declines the access request (in whole or in part).
• A statement that it is a response under the relevant legislation.
• Where the employer accepts the request, in whole or in part:
  • Details of who the union should liaise with regarding access.
  • A list of categories of the workers that the trade union have sough access to and number of workers in those categories.
  • The address of the workplace(s)
  • Where appropriate, details of when workers are present at the workplace, including shift patterns, working patterns or rotas.
  • Any facilities available to use for the purpose of facilitating access.
• Where the employer rejects the request, in whole or in part:
  • Which elements of the request are rejected.
  • The reasons for rejection.
  • Confirmation of whether the employer has received another access request from or is in negotiations with another trade union.

Notification to the CAC

Notifications that an access agreement has been reached will be submitted to the CAC in writing. Notifications of variation or revocation of an agreement will be made jointly in writing.

Response periods, negotiations and referrals to the CAC

• Employer response period: 15 working days (extendable by mutual agreement).
• Negotiation period: 25 working days.
• CAC referral period: 55 working days.

Other issues

Employers with fewer than 21 workers will be exempt from the right of access framework, unless there is a national bargaining framework in place (ie in adult social care and school support).

A minimum of 5 days’ notice will be required before the first access visit.

Access agreements under the statutory framework will be limited to a maximum duration of 2 years where granted by the CAC.

It may be reasonable for the CAC to refuse access where:

• There is a recognised trade union representing one or more of the workers that the union is seeking access to.
• There is an ongoing statutory recognition process at the workplace or a statutory access agreement with an independent union is already in place.
• There are multiple simultaneous access requests.
• An application would require excessive resource allocation.

Model agreements

Weekly access will be specified as a model term, with a notice period of 2 working days’ notice before each visit. It will be reasonable, where appropriate and proportionate, for the CAC to expect compliance with applicable health and safety requirements, reasonable site security, identification and visitor arrangements agreed with the employer, relevant qualifications or certifications, and relevant legal obligations such as data protection and confidentiality.

For employers, reasonable steps to facilitate access include making available existing meeting spaces, communication channels or facilities ordinarily used for engagement with workers, facilitate access through existing digital channels, take reasonable administrative steps to enable access. These steps should not require excessive resource allocation or material operational disruption.

Enforcement

The CAC will be able to issue penalties with maximum limits of:

• Up to £75,000 for a first penalty.
• Up to £150,000 for a second penalty.
• Up to £500,000 for the third breach/subsequent non-compliance under the same access agreement.

The CAC will have regard to the following factors when setting the level of fines:

• The gravity of the breach.
• The duration of the breach.
• The reasons for the breach.
• The number of workers affected.
• The size or administrative resource of the liable party.
• Any relevant history of non-compliance.

The government is consulting on a draft Code of Practice. Consultation closes on 20 May 2026.

Useful links

• Employment Rights Act 2025.
• Make Work Pay: trade union right of access – GOV.UK

Other articles in our Employment Rights Act 2025 series

• Employment Rights Act: Preparing for change: April changes coming into force – Be Aware UK
• Employment Rights Act: Preparing for change: New harassment measures extend protections for employees 
• Employment Rights Act: Preparing for change: Contract change update and action points – Be Aware UK
• Employment Rights Act: Preparing for change: The impact of changes to unfair dismissal – Be Aware UK
• Employment Rights Act: Preparing for change: Consultations on the trigger for collective redundancy consultation and detriments for taking industrial action – Be Aware UK
• Employment Rights Act: Preparing for change: First major Employment Rights Act measures come into force – Be Aware UK
• Employment Rights Act: Preparing for change: Consultations on implementation of measures on flexible working, fire and rehire and tipping – Be Aware UK
• Employment Rights Act: Preparing for change: Revised timetable for implementation – Be Aware UK
• Employment Rights Act: Preparing for change: Employment Rights Bill receives Royal Assent, becoming the Employment Rights Act 2025 – Be Aware UK

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