This article forms part of our dedicated Employment Rights Act Hub, bringing together the latest legal updates, implementation tracker, practical guidance and resources across every key reform. Explore the wider picture and stay informed as the changes continue to develop.
The Employment Rights Act 2025 gives any independent trade union the right to request physical and digital access to workplaces with 21 or more workers. The new right takes effect on 30 October 2026, and employers should be using the time before then to prepare.
The right applies whether or not the employer currently recognises a union, and whether or not any union has previously shown interest. There is a statutory presumption that access will be granted, and employers will have very limited grounds to refuse outright. A statutory Code of Practice sets out detailed expectations, and departing from it without good reason puts an employer at a significant disadvantage in any dispute. Non-compliance carries escalating financial penalties of up to 500,000.
Once an access request is received, employers have just 15 working days to respond. If terms are not agreed, a 25-working-day negotiation period follows, after which either party can refer the matter to the Central Arbitration Committee (CAC). These timescales leave little room for internal deliberation, particularly where decisions need to go through...
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