Much of the attention surrounding the Employment Rights Act 2025 has understandably focused on the headline reforms: day-one unfair dismissal rights, restrictions on fire and rehire practices, and changes affecting zero-hours contracts. However, one potentially significant reform has received comparatively little attention: the introduction of a new statutory right for trade unions to access workplaces.
With the Government having just published the final statutory Code of Practice on the 6th July 2026 on trade unions’ right of access to workplaces, employers’ can now focus on what the changes will mean for their business and how to prepare for trade union access requests.
At first glance, the new regime may appear to be a relatively modest procedural change. In reality, it could have important implications for employee relations, particularly for employers that have limited experience of trade union activity. While the changes are unlikely to have an immediate impact in the same way as some of the Act’s other reforms, their longer-term effect may prove far more significant.
What is Changing?
The Employment Rights Act 2025 introduces a new framework allowing independent trade unions to seek physical and digital access to workplaces for specified purposes. These purposes include meeting with workers, providing support and representation, recruiting members, organising workers and facilitating collective bargaining.
Importantly, the legislation is not limited to recognised trade unions and is intended to enable unions to engage with workers more directly than has traditionally been possible, opening the door to more formal union recognition requests.
Where employers and unions are unable to agree access arrangements voluntarily, a statutory process will be available under which disputes can ultimately be referred to the Central Arbitration Committee (CAC) for determination. The Government has also made clear that access may involve both physical entry to a workplace and communication with workers through digital means.
Although the legislation does not permit workplace access for the purpose of organising industrial action, it does expressly allow access for membership recruitment, representation and organising activities.
The Government’s final Code of Practice on trade union access makes clear that employers will be expected to engage actively and constructively with access requests rather than simply rejecting them. Employers will need processes in place to identify and respond to formal access requests within the prescribed timescales (expected to be 15 working days), nominate appropriate representatives to negotiate access arrangements, and consider requests for both physical and digital access to workers.
The Code also encourages employers to discuss practical issues such as the timing and location of meetings, operational requirements, security arrangements, confidentiality concerns and any facilities that may be required by union representatives. In addition, employers will need to consider how access can be accommodated where workers operate remotely, work unusual shift patterns or are based at premises not directly controlled by the employer. The Code emphasises cooperation and good-faith engagement throughout the process, meaning that employers who do not prepare in advance may find themselves under significant pressure to respond quickly and appropriately when an access request is received.
Why are Employers overlooking this reform?
For many employers, trade union access rights simply do not appear as urgent as some of the other changes introduced by the Employment Rights Act. The reform can easily be viewed as an operational issue dealing with who may enter a workplace and under what conditions.
That, however, risks underestimating its potential impact. The new regime is likely to create greater opportunities for unions to communicate directly with employees, explain the services they provide and engage with workers on workplace issues. For organisations that have not historically experienced significant union involvement, this may represent a meaningful shift in the employee relations landscape.
The significance of the reform is therefore not necessarily the fact that union representatives may visit a workplace. Rather, it is the increased opportunity for engagement between unions and employees and the potential consequences that may flow from that engagement over time.
What could this mean for Employers?
The practical impact of the new access regime will vary from one organisation to another. Employers operating in sectors with an established trade union presence may see relatively little change. However, employers with little experience of trade union engagement may find themselves navigating unfamiliar issues.
By making it easier for unions to communicate with workers, the reforms are likely to increase awareness of union membership and representation among employees. In some organisations, this may result in greater interest in collective workplace issues and, potentially, increased support for trade union recognition.
Employers may therefore experience:
- increased engagement with trade union representatives;
- greater employee awareness of collective rights and representation;
- higher levels of union membership within parts of the workforce;
- an increased likelihood of union recognition campaigns;
- more organised collective approaches to workplace concerns and grievances; and
- additional management time devoted to employee relations and industrial relations matters.
The changes may be particularly relevant for employers undergoing organisational change, restructuring exercises, significant growth, or where employee engagement challenges already exist.
Employers should also be mindful that the implications extend beyond physical access to premises. In an era of hybrid and remote working, the ability of unions to communicate with workers through digital channels may ultimately prove just as significant as access to a traditional workplace.
How should Employers prepare?
Although secondary legislation and guidance will continue to shape the detail of the regime, there are a number of practical steps employers can take now.
Review Employee Engagement
Employers should consider how effectively they currently communicate with employees and whether there are recurring concerns that could increase interest in external representation. Strong employee engagement remains one of the most effective methods of maintaining positive workplace relationships.
Understand Your Communication Channels
Businesses should identify the channels through which employees receive information and communicate with one another. This will assist in understanding how future requests for digital access may operate in practice.
Develop a Response Strategy
Employers should consider in advance how access requests will be managed, who will be responsible for responding and how negotiations with unions will be conducted if requests are received.
Train Managers
Line managers are often at the forefront of employee relations issues. Providing training on the new framework can help ensure a consistent and legally compliant approach across the organisation.
Review Existing Policies
Policies relating to workplace access, confidentiality, data protection, IT systems and employee communications should be reviewed to ensure they remain appropriate in light of the new regime.
Take a Proactive Approach to Employee Relations
The introduction of these rights provides an opportunity for employers to assess the overall health of their employee relations strategy. Organisations that maintain open communication, listen to employee concerns and promote effective engagement are likely to be better placed to respond to future challenges.
Looking Ahead
The practical operation of the new trade union access regime will become clearer as the supporting regulations and guidance are finalised. However, employers should be cautious about dismissing the reform as merely administrative.
The changes form part of a broader policy objective of strengthening collective workplace representation and increasing engagement between trade unions and workers. Whether or not a particular employer ultimately experiences an increase in union activity, the reforms place a renewed focus on effective employee engagement, communication and workforce relations.
For that reason, employers may wish to think of the new access rights not simply as a right of entry, but as a development that could influence the future shape of workplace relations within their organisation.
How can we help
Preparing for these changes starts with understanding both the legal framework and the practical risks for your business. Our Employment Team can assist with:
- reviewing your employee relations strategy;
- assessing exposure to union organising activity;
- developing protocols for responding to access requests;
- reviewing workplace policies and procedures;
- delivering manager training; and
- advising on trade union recognition and collective bargaining issues.
If you would like to discuss how the new trade union access regime may affect your organisation, please contact a member of our Employment Team. Early preparation can help minimise disruption, ensure compliance and place your business in the strongest possible position when the new regime takes effect.
We also have an upcoming webinar on how to support employers in navigating the process of securing a UK Sponsor Licence. Delivered by Usof Shah, Legal Director, the webinar will be a practical insight into how your organisation can facilitate ongoing compliance duties and obtain an understanding of what the Home Office expects in securing a UK Sponsor Licence.
Please sign up for this webinar here – Securing a UK Sponsor Licence: A Practical Guide for Employers.
