The Right of Access

From 30 October 2026, trade unions will gain new rights to seek access to workplaces under the Trade Unions (Right to Access Workplaces) Regulations 2026 and accompanying Code of Practice.

Unions may request access to meet, support, represent, recruit or organise workers, or to facilitate collective bargaining, but not to organise industrial action. Access may be in person or digital (for example, via video meetings). Employers and unions are expected to negotiate access voluntarily in the first instance. If agreement cannot be reached voluntarily, either party may apply to the Central Arbitration Committee (CAC), which can determine whether access should be granted and on what terms. The rules apply only to workplaces with at least 21 workers.

Making an application

When a union submits an access request, the employer must respond within 15 working days. This period may be extended by agreement, and any such agreement should be documented and sent to the CAC. Following the response, (assuming it is not accepted in full) the parties have 25 working days to negotiate access terms.

If negotiations fail, then either party may refer the matter to the CAC after the 25-day negotiation period has elapsed and they must do so within the next 15 days. In other words, they should submit an application within 55 days of the original access request having been made by the union. It might be possible to ask the CAC to extend the period to 70 days if it was not reasonably practicable to make the application within 55 days but that should not be relied upon.

The CAC will decide whether access should be granted and the terms of access. The Code identifies certain “model” terms, which it considers are good practice for an access agreement. Where a trade union’s request for access is consistent with ‘model’ terms, the CAC is more likely to consider the request less complex, and therefore eligible to be reviewed quickly by a single member panel. The code states that where the trade union’s request for access is consistent with these ‘model’ terms, the CAC is more likely to consider that access should be granted.

 

Where the CAC will refuse Access

The CAC must refuse access where:

  • the employer has fewer than 21 workers overall,
  • the proposed access agreement does not provide for at least five working days of notice ahead of the first access taking place,
  • the proposed access agreement is to last more than two years (unless the parties have explicitly agreed to extend it beyond two years); or
  • access would prejudice national security. 

Where it may be regarded as reasonable for the CAC to refuse Access

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

  • an employer already recognises an independent trade union on behalf of one or more of the workers another trade union is seeking access to.
  • there is an ongoing statutory recognition process by another independent union at the workplace, concerning one or more workers that the access request also is seeking access to.
  • where the employer has received at least one other access request in addition to the request that led to the application to the CAC, and at least one worker is within scope of both requests
  • where a workplace already has a statutory access agreement in place with another independent trade union for at least one worker covered by the current access request.

All of these provisions are designed to try and ensure trade unions work with one another over issues of access.

Breaches of Access Agreements

The Code states that complaints about breaches should be made to the CAC within three months of the alleged breach.

The CAC may make a declaration if a complaint is well-founded and make an order requiring specified steps be taken. A further complaint can be made if another breach occurs within 12 months and in those circumstances a penalty can also be imposed.

Maximum penalties are £75,000 for a first breach, £150,000 for a second breach and £500,000 for subsequent breaches. CAC decisions may be appealed to the Employment Appeal Tribunal. Minor technical breaches will attract lower penalties than deliberate attempts to undermine access rights.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

Visit our main Employment Rights Act Hub for further information.