The most significant reform to trade union law in a generation is being introduced by the Employment Rights Act 2025. These changes will impact most businesses in the UK, regardless of whether they currently recognise a union or have union membership in their workforce. For employers with little experience of unions, this could bring a considerable change in workplace dynamics.
At present, unions have no general right of access to a workplace. However, from October 2026 trade unions will gain a new statutory right to access workplaces, physically and digitally, to meet, support, represent, recruit and organise workers, and to facilitate collective bargaining, though not to organise industrial action.
This will apply to employers with 21 or more workers (including employees, workers and agency workers) as a whole, and not per site. Unions will not need to be recognised or have to show a minimum level of support from workers before making an access request.
The process for seeking access will move quickly from when the union sends an access request, likely by email. The employer then has up to 15 working days from when the application is given to respond. If the request is not accepted in full, the parties have 25 working days to negotiate in good faith. If agreement is still not reached, either party may refer the matter to the Central Arbitration Committee (CAC), which can decide whether access...
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