Independent trade unions in England, Scotland and Wales can now ask an employer for access to a workplace under a new statutory framework that came into force on 30 October 2026. The change, part of the Employment Rights Act 2025, gives qualifying unions a formal route to meet and communicate with workers, rather than relying only on a voluntary arrangement agreed with the employer. A statutory code of practice, revised after a consultation that received more than 793 responses, now provides practical guidance on how requests should be made and handled.

The process starts with a written request containing prescribed information, including the type of access sought and, for physical access, its frequency and duration. The employer has 15 working days to respond, followed normally by a 25-working-day negotiation period. If the parties cannot agree, either side may apply to the Central Arbitration Committee, which can decide whether access should be granted and on what terms. GOV.UK notes that the earliest application where there is no response to a request is 23 November 2026, with forms available from 16 November.

What access can cover

Access may be physical, digital, or a combination of the two, and it may be used to meet, support, represent, recruit or organise workers, including workers who are not union members, and to facilitate collective bargaining. It does not extend to organising industrial action, and it must not unreasonably interfere with the employer's business. Only a union holding a certificate of independence qualifies, and employers with fewer than 21 workers are exempt. A separate duty to give workers a statement about joining a trade union has been delayed until 1 January 2027.