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Summary of proposed measures
The Government’s Right of trade unions to access workplaces consultation proposes a new statutory right for recognised trade unions to access workplaces — both physically and digitally — to meet, support, represent, recruit, and organise workers, as well as to facilitate collective bargaining. The measures are intended to be introduced through the forthcoming Employment Rights Bill, with implementation proposed for October 2026.
Main proposals
- 1
Right of access
Trade unions will gain a legal right to access workplaces, in person or digitally.
Voluntary access arrangements between employers and unions can continue where they already exist.
- 2
Request and negotiation process
A union must make a formal written request to the employer specifying details such as the worker group, purpose, type of access, and frequency.
The employer must respond in writing within five working days, either accepting or rejecting the request (in whole or part) and giving reasons for any refusal.
A 15-day negotiation period follows; if no agreement is reached within 25 working days, the matter can be referred to the Central Arbitration Committee (CAC).
- 3
CAC determinations
The CAC can determine whether access should be granted and under what terms, balancing the union’s right with the employer’s ability to operate their business without unreasonable disruption.
Principles include that neither physical nor digital access can be refused solely because the other form is allowed, and access can only be refused where reasonable.
Exemptions are proposed for very small employers (fewer than 21 workers).
Agreements would normally run for up to two years, with model terms such as weekly access and a minimum of two working days’ notice of visits.
- 4
Enforcement and penalties
The CAC will be able to investigate and penalise employers who breach access agreements.
Proposed fines range up to £75,000 for a first breach and £150,000 for repeated breaches.
Penalties would reflect the seriousness and duration of non-compliance, and the size of the organisation.
- 5
Implementation and guidance
The measures will apply across Great Britain (not Northern Ireland).
A new statutory Code of Practice will set out practical guidance for employers and unions.
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