New trade union workplace access rights from 30 October: what employers need to know

The Employment Rights Act 2025 is changing a number of the rules governing trade unions and the workplace. Some reforms are already in force, with further changes scheduled to take effect from 30 October 2026.

These changes will apply to all businesses, regardless of whether they already recognise or regularly work with trade unions.  Therefore, all businesses should understand the key changes and know how to respond if they are approached by a union. 

What has already changed?

Since 6 April 2026, the statutory process by which a trade union can seek recognition has been simplified. Statutory recognition is the legal process through which a union can gain the right to bargain collectively on behalf of a defined group of workers. 

The reforms have also lowered some of the thresholds that unions must meet. A union no longer has to show that most workers in the proposed bargaining unit are likely to support recognition when applying to the Central Arbitration Committee (CAC). If the application goes to a ballot, a simple majority of the votes cast is now enough. Previously, at least 40% of all workers entitled to vote also had to support recognition. The existing 10% union membership threshold for an application does, however, remain in place for now. 

Electronic and workplace balloting for statutory trade union ballots also became available from 25 August 2026. Together, these reforms mean the statutory recognition process is likely to be easier to navigate, with union recognition becoming more achievable in a wider range of circumstances. 

What is changing from 30 October?

A further number of trade union measures are scheduled to take effect on 30 October 2026. One of the most significant is a new statutory right for independent trade unions to request access to workplaces. 

Access can be physical, digital or a combination of both and can be used to meet, support, represent, recruit or organise workers, or to facilitate collective bargaining. It does not extend to organising industrial action. 

Firstly, employers and unions will  be able to negotiate an access agreement. If agreement cannot be reached, either party can apply to the CAC, which can decide whether access should be granted and on what terms. The CAC cannot impose an access agreement where the employer has fewer than 21 workers across all of its workplaces. 

The new framework also introduces statutory timescales. Employers will generally need to respond to an access request within 15 working days, followed by a 25-working-day period for the parties to try to agree to the arrangements. 

Other changes due from 30 October include a new duty for employers to provide workers with a written statement informing them of their right to join a trade union, further reforms to the recognition and derecognition process, and stronger rights and protections for workplace trade union representatives. Further guidance on the information duty is expected before it takes effect. 

Why could this matter for your business?

The changes do not mean that every employer will receive an access or recognition request, or that businesses need to make substantial changes simply because the legislation is coming into force. They do, however, broaden the circumstances in which businesses may have contact with trade unions and so make it likely that more businesses will be interacting more with unions in the future. 

Where a union becomes recognised, collective bargaining may apply to matters such as pay, hours and holidays for the relevant group of workers. For businesses without previous experience of collective employment relations, understanding the process and responding appropriately at an early stage will therefore be important. 

A practical point here for employers is not to adopt a particular position on union representation, but to make sure the business understands its obligations and is able to deal with any request consistently, lawfully and within the required timescales. 

What should businesses do now?

• Identify who within the business should receive and manage any trade union access or recognition request, and make sure correspondence is escalated promptly. 

• Brief HR teams and relevant managers on the upcoming changes so that any formal requests are dealt with appropriately and are not overlooked. 

• Consider, at a practical level, how physical or digital access could be accommodated if a request is received, taking account of working patterns, premises, security and normal business operations. 

• Watch for the final guidance on informing workers of their right to join a union and update onboarding or other HR processes where required. 

• Seek timely advice if an access or recognition request is received, as the statutory processes involve defined procedures and timescales. 

These trade union measures apply in England, Scotland and Wales. Northern Ireland has a separate legislative framework for trade union law. 

For a wider overview of the employment law changes being introduced during 2026 and 2027, see our Employment Rights Act roadmap for employers. 

If your business receives a trade union access or recognition request, or you have questions about how the new rules might apply to your workforce, our employment law team can help you understand the process and your obligations.