Trade Union Workplace Access Rights Under the Employment Rights Act 2025: What UK Employers Need to Know

One of the most significant, and least discussed, changes introduced by the Employment Rights Act 2025 is the new obligation on UK employers to allow trade union officials to access their workplaces. This new statutory right for trade union access in businesses affects employers across England, Wales and Scotland and comes into effect in October 2026. This article explains how the right works in practice, what the process requires of employers, and what the consequences are for businesses that fail to engage.

What This Means for UK Employers

1. How the Statutory Access Process Works

When a trade union official seeks access under this right, the request must be made in writing to the business. From receipt of that notice, strict timelines apply. The employer has 5 working days to respond. A 15-working-day negotiation period then follows to agree the terms of access. If no agreement is reached, the matter is referred to the Central Arbitration Committee (CAC), which will determine the terms.

The entire process concludes within 21 working days of the written request being sent. There is no flexibility on this deadline.

• Written request triggers a 5-working-day response window.
• A 15-working-day negotiation period follows.
• The CAC has final authority if no agreement is reached.
• The process closes at a hard 21-working-day deadline from the date of the written notice.
• Reasonable steps must be taken to facilitate access, for example providing meeting rooms.
  
  

 2. What Happens if an Employer Fails to Comply 

Ignoring a request, refusing to engage, or attempting to delay the process will not protect an employer. Non-engagement gives the union the immediate right to apply directly to the CAC, bypassing any negotiation stage. The CAC will then impose terms on the employer. 

• The CAC can name and shame employers who obstruct or fail to engage with the process.
• Financial penalties of up to £150,000 can be imposed.
• Deliberate delay is treated as non-compliance, not merely a procedural misstep.
• There is no right to simply refuse access once a valid request has been made.

Non-compliance carries both financial and reputational consequences for the business.

3. The Small Employer Exemption

A potential exemption may apply to smaller businesses. Under the current drafting, employers with fewer than 21 workers (not just employees, but all workers) may fall outside the scope of the new access right. This threshold has not yet been formally confirmed in the legislation. 

• The threshold is fewer than 21 workers, not 21 employees.
• Workers include those who are not employees in the traditional sense.
• The exemption is not yet legislated and may be subject to change before October 2026.
• Employers near this threshold should monitor developments and seek specific advice.

 Until confirmed, no employer should assume the exemption applies to their workforce without taking advice. 

4. Model Access Agreements

It is anticipated that model access agreements will be developed in due course, providing employers with a framework for formalising arrangements with trade union officials. These will assist businesses in structuring access terms before any dispute arises.

• Model agreements are expected but have not yet been published.
• Businesses should not wait for model agreements before preparing internal procedures.
• Early preparation will reduce the risk of non-compliance once the legislation takes effect.

Why This Matters in Practice

• Tight statutory deadlines – A 5-working-day response window leaves almost no time to seek advice once a request is received.
• No opt-out for non-union employers – The right applies regardless of whether a business currently recognises a trade union.
• Financial penalties – Fines of up to £150,000 can be imposed for obstruction or non-engagement.
• Reputational exposure – The CAC can publicly identify employers who fail to comply, with lasting reputational consequences.
• Worker threshold uncertainty – The small employer exemption is unconfirmed, creating risk for businesses with fewer than 21 workers who proceed without advice.
• Operational disruption – Union access to premises will require internal procedures covering meeting room allocation, staff notification and record-keeping. 

Why Work with a Specialist Employment Lawyer

A specialist employment lawyer can help your business prepare for this change and manage access requests effectively once the legislation takes effect.

• Assess whether your business falls within the scope of the new access right or the small employer exemption.
• Draft internal access procedures before October 2026 to avoid reactive decision-making under time pressure.
• Advise on how to respond to a written access request within the 5-working-day deadline.
• Represent your business in negotiations with trade union officials during the 15-working-day period.
• Prepare for Central Arbitration Committee proceedings if agreement cannot be reached.
• Draft or review access agreements to protect the operational interests of the business.

Final Thought

Businesses should be aware of this new right and begin preparing now. Ensuring you are ready to respond to union access requests within the statutory timescales is not optional, it is a legal obligation that takes effect in October 2026.