The Employment Rights Act 2025 is expected to introduce a new statutory framework giving trade unions a general right to request access to workplaces for the purposes of meeting, recruiting, organising and representing workers. For many employers, this will represent a significant shift in the industrial relations landscape, particularly where there has historically been little or no union presence.

Importantly, the proposed right of access is not limited to physical entry to a workplace. It is expected to extend to electronic access as well, which may prove particularly significant in practice because it could enable unions to communicate with workers using existing workplace communication channels and digital systems.

The government’s recent consultation response and draft Code of Practice provide a clearer picture of how the new regime is intended to operate. They also suggest that, in many cases, the real area of dispute is likely to be the terms on which access is exercised rather than whether access can be resisted altogether.

At present, trade unions have no general right to enter workplaces without the employer’s agreement. The new framework is therefore intended to give unions an initial route into workplaces where they may previously have had limited access or influence.

How the access process is expected to work

The statutory framework is expected to allow trade unions to make formal access requests to employers for the purpose of communicating with workers. This is not intended to facilitate industrial action, but rather to allow unions to meet, recruit, organise and represent workers, and to support collective bargaining activity.

The process is expected to begin with an access request from the union. That request may seek physical access, digital access, or both. The employer will then have 15 working days to respond using standard request and response templates annexed to the draft Code. If the request is not accepted in full, a further 25 working day period is expected to apply to allow the parties to negotiate the proposed terms of access.

In practice, disputes are likely to focus less on whether access should be granted in principle and more on the detailed terms of that access. Issues such as frequency, timing, use of meeting space, digital communications, privacy, health and safety, security and operational disruption are likely to be central.

The role of the Central Arbitration Committee

Where agreement cannot be reached, the Central Arbitration Committee (CAC) will play a central role. It is expected to determine whether access should be ordered and, if so, on what terms. It will also be able to deal with complaints about alleged breaches of access agreements and complaints involving third parties who prevent access from being exercised.

In exercising those powers, the CAC is expected to take account of the statutory access principles and the Code of Practice. Those materials suggest a clear policy intention that unions should be able to access workers, subject to reasonable safeguards for employers.

The extended response and negotiation periods are intended to give parties greater opportunity to resolve disputes without formal determination. Even so, employers should assume that the CAC will expect them to engage constructively with requests rather than adopting blanket refusals.

Whilst the current wording provides a presumption that access will be granted and will only be refused where allowing it could unreasonably interfere with business operations or require unreasonable steps to facilitate. It also assumes that the CAC will refuse requests for access where the employer has fewer than 21 workers, meaning that small employers will effectively be exempt from the trade union right of access.

What access may involve in practice

An access agreement is expected to regulate the basis on which union officials may enter the workplace or communicate with workers for one or more of the statutory access purposes. That means access may be physical, digital, or a combination of both.

The practical significance of digital access should not be underestimated. While physical visits may attract the most attention, electronic access could prove the more effective tool in many cases, particularly where it enables unions to communicate with workers at scale using existing systems. Employers should therefore consider not only how visitors may be accommodated on site, but also how digital communications, privacy and internal messaging channels may need to be managed.

Key considerations for employers

Employers should start by recognising that these reforms are likely to require practical preparation well in advance of implementation. That is particularly so where the workforce is spread across multiple sites, works on third-party premises, or relies heavily on digital communications. For instance, it is worth considering who will handle such requests and whether it is necessary to create a designated email address specifically to handle these requests and avoid logjams.

In addition, before October 2026, employers should review any training materials in place regarding industrial relations and consider updating them to educate staff about the principles of union access and when it can and cannot be refused.

In many cases, the key issue will be the terms on which access is granted rather than whether access can be avoided altogether. Employers should therefore think carefully about notice requirements, visitor arrangements, available meeting space, health and safety, security, privacy, digital communications and how disruption to operations can be minimised.

It is also worth highlighting the potential cost of non-compliance. The proposed enforcement regime includes significant financial penalties for repeated breaches of access arrangements (up to £500,000 in cases of repeated non-compliance). Unusually, those fines are expected to be payable to the government rather than to the trade unions themselves.

The government’s consultation and draft Code

The government has recently published consultation material (which can be accessed here) and a draft Code of Practice dealing with the trade union right of access (which can be accessed here). Those documents provide the clearest indication so far of how the new regime is expected to work in practice and are likely to be highly relevant when employers begin preparing for implementation.

In particular, they help clarify the interaction between the statutory framework, the proposed regulations and the practical guidance that the CAC is expected to consider when disputes arise.

For employers, the draft materials are worth close review not only because they set out the expected process, but also because they show where the main practical pressure points are likely to sit, particularly in relation to digital access, operational disruption and the detailed terms of access agreements.

We recommend that employers review the consultation response and draft Code in detail, particularly if they are likely to be affected by the new rights or operate in sectors where workplace access is likely to be more sensitive or operationally complex (including in sectors where unionisation levels are traditionally lower).

The draft Code also provides useful practical guidance on matters such as how access requests should be made, how employers should respond and the way in which the CAC is expected to exercise its functions where agreement cannot be reached.

Taken together, the consultation material reinforces the point that the most significant disputes may well concern the detailed terms of access rather than the existence of the right itself.

The introduction of trade union access rights is likely to be one of the more significant industrial relations reforms for employers in the coming year. Although the final detail is still in development, the direction of travel is now much clearer. Employers who begin planning early, particularly in relation to workplace access arrangements, digital communications and internal procedures, are likely to be better placed to respond effectively once the new regime comes into force.

Please note the contents of this article do not constitute legal advice. If you require any further information, or if you would like our assistance, please contact us at employment@berrysmith.com or on 02920 345 511.