Soundbite: Trade Union Workplace Access: October Changes Are Approaching

The Government has laid before Parliament the final Code of Practice and regulations supporting the new statutory right for trade unions to access workplaces.

The new framework, which is intended to come into force on 30 October 2026, will give trade unions a legal route to seek physical and digital access to workplaces for the purposes of meeting, representing, recruiting and organising workers, as well as facilitating collective bargaining. The Government has also published its response to the consultation on union access and unfair practices during statutory recognition and derecognition processes.

The updated Code provides more detailed guidance on how access requests should be made, negotiated and implemented. It also clarifies a number of practical issues, including how employers should respond to requests, how access arrangements should operate in more complex workplaces and how financial penalties may be applied where there is non-compliance. The Government has sought to simplify the process by revising template forms and providing clearer guidance for smaller employers.

Alongside this, the Government has confirmed changes to the recognition process. Trade unions seeking recognition will be entitled to hold access meetings with workers at least once every five working days, with the minimum duration increasing from 30 to 45 minutes. The revised Code also makes clear that routine management activity, such as performance reviews, disciplinary procedures carried out in accordance with the Acas Code and legitimate changes to shift patterns, will not generally amount to an unfair practice unless intended to interfere with the recognition process.

For employers, these developments represent another significant step in the Government’s programme of trade union reform under the Employment Rights Act 2025. Even organisations that do not currently recognise a trade union may receive access requests once the new framework takes effect.

Employers should therefore start considering how workplace access would operate in practice, including issues such as security, health and safety, confidentiality, digital access, management training and employee communications. The statutory framework is intended to encourage cooperation rather than conflict, however employers will be expected to respond appropriately and engage with requests in accordance with the new process.

With implementation now only a few months away, employers should review their employee relations strategies, policies and internal procedures to ensure they are prepared for these important changes.

If you would like advice on how the new trade union access rights may affect your organisation or you require our support in reviewing your policies and procedures ahead of October 2026, please contact a member of the team.