What should an employer do when a union asks for workplace access?
In Great Britain, since 30 October 2026, an independent trade union can send a written request for access to meet or communicate with workers. The employer has 15 working days to agree or disagree, giving reasons for any refusal, and then 25 working days to negotiate terms. If the parties cannot agree, the Central Arbitration Committee (CAC) can decide, and repeated breaches can lead to penalties.
What a union can ask for
A union with a certificate of independence can ask to enter a workplace, communicate with workers by any means, or both. The purposes are to meet, support, represent, recruit or organise workers, whether or not they are members, or to facilitate collective bargaining. They do not include organising industrial action. The written request must include the union's certificate of independence and describe the workers, workplaces, frequency and any help wanted.
Responding to the request
The 15 working days are counted from the day after the request is given, not from when it reaches the right team. Weekends, Christmas Day, Good Friday and bank holidays in the relevant part of Great Britain do not count, so Scottish deadlines can differ. The written response must say whether you agree, in whole or in part, and explain what you disagree with and why. If you agree terms in writing before the negotiation period ends, both parties notify the CAC jointly (either can send it, signed for both). GOV.UK publishes templates, and Acas aims to respond to a conciliation request within one working day.
When the CAC decides
An application must normally be made by the 55th working day after the request. The CAC must start from access principles, including that access should be refused entirely only where reasonable.
- The CAC must refuse access if the employer, with any associated employers, has fewer than 21 workers on the day it receives the request and on average over the 13 weeks ending that day; where refusal is needed for national security or the prevention, detection or prosecution of crime; or where the proposed agreement would not expire within two years, or would allow access within five working days of the CAC's decision
- Refusal can be reasonable where any of the same workers are covered by another union's recognition, a pending statutory recognition request, an existing access agreement or another outstanding access request, or where access might jeopardise health or safety
- Terms the CAC treats as reasonable include weekly access, two working days' notice (five before the first occasion of access), reasonable use of existing accommodation and facilities, privacy for direct communications so far as reasonably practicable and officials following reasonable instructions
Once access is agreed
The statutory code of practice, in force since 30 October 2026, says access should usually be during working hours, workers attending in work time should be paid in full, and employers should not attend uninvited, listen in, record online meetings or track who opens union emails. Either party can complain to the CAC within three months of a breach. If the same party repeats the breach within 12 months of a CAC declaration, or breaches a CAC order, the CAC can order it to pay the CAC up to £75,000 for the first such order under that agreement, £150,000 for the second and £500,000 for the third or later.
The law
“access should be refused entirely only where it is reasonable in all the circumstances to do so…”
“ends at the end of the 15th working day after the day on which the access request is given…”
“fewer than 21 workers on the day on which the employer receives the access request…”
Sources
- Right of trade unions to access workplaces: code of practice · GOV.UK
- Right of Access - Guidance · GOV.UK
- Templates for Requests and Notifications for Right of Access · GOV.UK
- Right of Trade Unions to access workplaces: application and response forms · GOV.UK
- The Trade Unions (Right to Access Workplaces) Regulations 2026 · legislation.gov.uk
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- Right of access, regulations and code of practice in force
- Earliest CAC application where an employer has not responded
Future dates are expected dates and depend on Parliament.
What employers can do
- Publish or give unions an email address for access requests, and record when each request arrives
- Name who will respond and diarise the 15 working day deadline
- Give written reasons for any part of a request you disagree with
- Check your headcount with any associated employers and any existing recognition or access arrangements
- Brief managers on privacy, paid attendance and CCTV during access
Related answers
- What do the 2026–27 trade union changes mean for employers? The Employment Rights Act 2025 makes recognition and industrial action easier for unions. Several changes already apply, including 10 days' notice of industrial action and simpler recognition. From 30 October 2026 unions gain a statutory right to request workplace access, and from 1 January 2027 employers must tell workers they have the right to join a union. Future dates remain subject to Parliament.
- How must employers tell workers about their right to join a trade union? From 1 January 2027, expected and subject to Parliament, employers must give every worker a written statement that they have the right to join a trade union. New workers get it with their written statement of employment particulars. The government plans a standard statement set by regulations, with existing workers covered by 5 April 2027 and yearly delivery or reminders after that.
- What is changing under the Employment Rights Act 2025, and when? The Employment Rights Act 2025 is being brought in by phases. Day-one paternity and parental leave, sick pay changes and six-month tribunal time limits already apply. Next come the stronger harassment duties on 30 October 2026, a six-month unfair dismissal qualifying period from 1 January 2027 and fire and rehire protections in March 2027. Future dates remain subject to Parliament.