From Friday 30 October 2026, independent trade unions in Britain gain a statutory right to request access to workplaces for the first time.

Until now, unions have generally had no legal right to enter a workplace unless the employer agreed voluntarily. Under the Employment Rights Act 2025, a union holding a certificate of independence can now make a formal request for physical access, digital access, or both, to meet, support, represent, recruit or organise workers, or to facilitate collective bargaining.

A union does not need existing members at the workplace before making a request, and the request can cover groups of workers across more than one site. The right cannot, however, be used to organise industrial action.

How the new process works

Once a union submits a request in the required form, the employer must respond within 15 working days, agreeing or disagreeing in whole or in part. The two sides then have 25 working days to negotiate terms. If no agreement is reached, either side can refer the matter to the Central Arbitration Committee, which can impose access terms. Breaches of an access agreement can attract financial penalties reported at up to £500,000 where there are multiple breaches.

A statutory Code of Practice on workplace access takes effect on the same day, giving practical guidance for tribunals and the committee.

Stronger harassment duties arrive at the same time

The same commencement package strengthens protection against harassment at work. Employers move from a duty to take reasonable steps to prevent sexual harassment to a duty to take all reasonable steps, and new protections cover harassment by third parties such as customers and clients.

The reforms apply in England, Wales and Scotland. A separate duty requiring employers to tell workers in writing about their right to join a union has been delayed until January 2027. For employers, the short response deadlines mean preparation matters now.

Sources: Recording Law; Littler.