Key takeaways
- Since 30 October 2026, trade unions have a statutory right to request physical and digital access to workplaces, under the Trade Unions (Right to Access Workplaces) Regulations 2026.
- The right only applies to employers with 21 or more workers, counted across the whole employer, not one site.
- An employer must respond to an access request by the end of the 15th working day, followed by a negotiation period of 25 working days.
- If there is no agreement, either side can apply to the Central Arbitration Committee (CAC), normally within 55 working days of the request.
- Penalties for breaching an access agreement or order can reach £75,000 for a first penalty, £150,000 for a second and £500,000 for a third or later one.
- Unions must give at least 5 working days' notice before first access, and an access agreement can last up to 2 years unless extended.
- Access cannot be used to organise industrial action, and employers must not listen in on, record or monitor union meetings with workers.
Since 30 October 2026, trade unions have a legal right to ask for access to workplaces to meet, represent and recruit workers, in person or digitally. The right applies to employers with 21 or more workers. An employer must reply to a request within 15 working days, and if the two sides cannot agree, the Central Arbitration Committee (CAC) can decide and later impose penalties of up to £500,000.
What changed on 30 October 2026?
A statutory access regime started on 30 October 2026. It comes from the Employment Rights Act 2025, which amended the Trade Union and Labour Relations (Consolidation) Act 1992, and is set out in the Trade Unions (Right to Access Workplaces) Regulations 2026.
A Code of Practice on the right of trade unions to access workplaces also took effect on 30 October 2026. The order bringing it in was made on 19 October 2026. The CAC published its right of access guidance on 29 October 2026.
Other trade union measures started the same day, including new rights for union representatives and wider protection from detriment for taking industrial action.
Who does it apply to?
It applies to employers in England, Scotland and Wales with 21 or more workers. The count covers the employer as a whole, not just the group of workers the union wants to reach.
A union does not need to be recognised to ask. It can seek access to members and non-members, including shift workers, homeworkers, part-timers and workers on leave.
What does access mean?
Access can be physical, digital or both, according to Acas.
| Type | What it looks like |
|---|---|
| Physical | Meetings in rooms, canteens or depots during working hours |
| Digital | Email, intranet, online meetings or messaging tools you already use |
| Both | A mix agreed in the access agreement |
Unions can use access to recruit, hold drop-ins and surgeries, support workers with grievances, find out workers’ concerns and support collective bargaining. They cannot use it to organise industrial action. Digital access must not replace or be used to avoid physical access.
How the process works
The CAC guidance sets out fixed time limits in working days. Working days exclude weekends, Christmas Day, Good Friday and bank holidays.
- The union sends a request. It must be written, dated and contain the information the regulations require. The CAC has a Union Request Template.
- You respond within 15 working days. If you refuse all or part of the request, give reasons.
- You negotiate for 25 working days after your response.
- If you agree, you and the union notify the CAC jointly at Access@cac.gov.uk.
- If you do not agree, either side can apply to the CAC within 55 working days of the request, or 70 if applying sooner was not reasonably practicable.
- The union gives notice. At least 5 working days before the first access.
An access agreement can last up to 2 years unless you both agree to extend it.
When can access be refused?
The CAC must refuse access if the employer has fewer than 21 workers, if the union gave less than 5 working days’ notice, if the agreement would last more than 2 years without an agreed extension, or on national security grounds.
It may refuse if the workers are already covered by a recognition agreement, a statutory recognition process or another access agreement, or if requests overlap. Acas says the CAC would not grant a request from a non-recognised union where the employer already recognises one.
What are the penalties?
The CAC can make a declaration or order you to take steps if a complaint is well founded. A repeat breach within 12 months, or a breach of an order, can lead to a penalty order.
| Penalty order | Maximum |
|---|---|
| First | £75,000 |
| Second, same agreement | £150,000 |
| Third or later | £500,000 |
Complaints must be made within 3 months. Penalties are payable to the CAC, and appeals go to the Employment Appeal Tribunal.
What must employers not do?
Acas lists conduct that breaches the privacy of access. Employers must not:
- attend union meetings unless invited
- listen in or record online meetings
- monitor who attends or who reads union messages
- pressure workers about meetings
Which applies to you?
- If you have fewer than 21 workers: the statutory right does not apply, though voluntary arrangements still can.
- If you have 21 or more workers and no recognised union: be ready to handle a request within 15 working days.
- If you already recognise a union: a request from another union for the same workers may be refused, but check the guidance.
What employers should do now
- Name an owner for access requests and publish a contact email address.
- Diary the deadlines. Build a tracker for the 15, 25 and 55 working day limits.
- Check your headcount across the whole business, including associated sites.
- Brief line managers so requests that arrive at a depot or branch are passed on the same day.
- Review communication channels that could be used for digital access.
- Prepare for January 2027, when you must tell workers of their right to join a union. Our Employment Rights Act timeline has the dates, and the fire and rehire delay covers the March 2027 changes.
More updates are on our employment news hub. If you are taking on staff for the first time, see how to take on your first employee.
Frequently asked questions
When did the new trade union access rights start?
On 30 October 2026, under the Trade Unions (Right to Access Workplaces) Regulations 2026 and a new Code of Practice.
Do small employers have to give unions access?
Not under the statutory right. The CAC must refuse access if the employer has fewer than 21 workers in total.
How long do I have to respond to an access request?
Until the end of the 15th working day after the request is given. A 25 working day negotiation period follows your response.
Can a union access my workplace digitally?
Yes. Access can be physical, digital or both, using channels you already use, such as email, the intranet or online meetings.
What happens if an employer breaches an access agreement?
The CAC can make orders and, for repeat breaches or breach of an order, penalties of £75,000, £150,000 and then £500,000.
Sources
Rates, thresholds and rules in this guide were checked against HMRC and GOV.UK guidance on 6 November 2026. Tax rules change, so check the current position on GOV.UK or with a qualified adviser before acting. This guide is general information, not personal advice.
- Right of access guidance (Central Arbitration Committee)
- Rights of trade unions to access at work (Acas)
- The Code of Practice (Right of Trade Unions to Access Workplaces) Order 2026 (legislation.gov.uk)
- Plan to Make Work Pay and Employment Rights Act: timeline update (GOV.UK)
- Employment Rights Act 2025 (legislation.gov.uk)