A first statutory access right

From 30 October 2026, independent trade unions in the UK have a new statutory right to request access to workplaces, under the Employment Rights Act 2025. Law-firm and union sources describe it as the first statutory general workplace-access right: previously, access was voluntary unless an employer had agreed it.

Access can be physical, digital, or a combination, including in person at or near the workplace and online through employer systems such as email, Teams, Slack or intranets. Legitimate purposes are to meet, support, represent, recruit or organise workers, including non-members, and to facilitate collective bargaining. Access for the purpose of organising industrial action is excluded.

How the process works

Only a union holding a certificate of independence qualifies. The process starts with a written, dated request; employers have 15 working days to respond, followed by a 25-working-day negotiation period if terms are unresolved. If no agreement is reached, the Central Arbitration Committee can determine access and set its scope, timing, format and safeguards.

The committee must refuse access where the employer and associated employers employ fewer than 21 workers on the request date and averaged fewer than 21 during the preceding 13 weeks. The PCS union reports that employers who refuse or delay access could face penalties of up to £500,000, with a detailed legal summary putting the scale at up to £75,000 for a first order, £150,000 for a second, and £500,000 for subsequent orders or further breach within 12 months.

Part of a wider package

The access right arrives in the same phase of reform as the strengthened duty on employers to prevent sexual harassment, which also took effect on 30 October. Together, the two measures mark a significant shift in the balance of workplace rights, and employers are advised to prepare a clear process for handling access requests rather than responding case by case.

Sources: GOV.UK | PCS | Personnel Today