UK unions gain workplace and electronic access rights
The framework covers qualifying independent unions and employers with at least 21 workers. A tribunal can settle access terms when unions and employers cannot agree.
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The framework covers qualifying independent unions and employers with at least 21 workers. A tribunal can settle access terms when unions and employers cannot agree.
UK unions gained statutory rights to enter workplaces or communicate with staff electronically on 30 October 2026 under Labour’s Employment Rights Act. The framework provides a formal route through the Central Arbitration Committee (CAC), an independent tribunal, when a union and employer cannot agree access, the Guardian said.
Previously, unions seeking recognition sometimes had to organise from outside the building. GMB’s unsuccessful 2024 recognition attempt at Amazon’s warehouse near Coventry was one example.
The CAC’s guidance says the statutory route is for qualifying independent trade unions and employers with at least 21 workers overall. The threshold applies to the whole employer, not just the workplace or group the union wants to reach.
Acas says unions need not already be recognised to request access or apply to the CAC after negotiations fail. Access can cover members and non-members. Recognition for collective bargaining—negotiating pay and conditions for a workforce—is a separate matter handled by the CAC.
Unions can use access to meet, support, represent, recruit or organise workers and facilitate collective bargaining. They cannot use it to organise industrial action, and access must not unreasonably interfere with the employer’s business.
Before applying to the CAC, a union must send a written, dated request containing the legally required information. It can post or deliver the request to the employer’s registered office, head office or principal place of business. Electronic requests must use an address the employer has provided, or a publicly available communications address if none has been provided.
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Employers must give reasons if they reject all or part of a request, Acas says. The CAC’s guidance sets the following deadlines.
| Stage | Deadline |
|---|---|
| Employer response | End of the 15th working day after the request is given |
| Negotiation after a timely response leaves terms unresolved | End of the 25th working day after the response notice |
| Application to the CAC | Within 55 working days of the original request |
| Possible application extension | To 70 working days if applying within 55 working days was not reasonably practicable |
An application can follow an unanswered request once the response period ends, or failed negotiations once the negotiation period ends. The regulations set no deadline for the CAC’s decision. If the tribunal grants access, it specifies the workers and workplaces covered, physical or digital arrangements, timing, frequency, duration and safeguards.
Acas says physical meetings should usually happen at the workplace during normal working hours. Digital access can use the employer’s existing communication channels, but must not replace or avoid physical access. Agreements should cover facilities, visit frequency and arrangements for shift workers, homeworkers, mobile workers and workers on leave.
Workers and representatives must be able to communicate privately. Employers must not attend meetings unless invited, listen in, record online meetings, monitor attendance or engagement with union communications, or pressure workers to disclose what happened.
The CAC’s guidance requires refusal where proposed access lacks at least 5 working days’ notice before it first takes place, or an agreement would last more than 2 years without an agreed extension. National security can also require refusal. Existing recognition agreements, statutory recognition proceedings or statutory access agreements may justify refusal for workers already covered, while requests for other workers can still be considered.
Either party can complain to the CAC within 3 months about a breach of an access agreement or obstruction by a third party. If the complaint is upheld, the tribunal may change the agreement and order steps to secure compliance.
After an upheld complaint, another breach within 12 months, or breach of a compliance order, can lead to a further complaint. If that complaint is upheld, the CAC may impose a penalty payable to it and enforceable as a court order.
| Penalty order | Maximum |
|---|---|
| First | £75,000 |
| Second | £150,000 |
| Third or subsequent | £500,000 |
Paul Nowak, general secretary of the union body TUC, said the changes could help unions reach private-sector workplaces where the legal framework had hampered their efforts. The Guardian said some employers had raised concerns about potential costs. Nowak said employers should not treat workers’ wish for an independent union voice as a negative verdict on their organisation.
A separate duty begins in January 2027: employers will be obliged to inform workers of their right to join a union, the Guardian said. That requirement concerns information for workers, rather than unions’ access to workplaces.
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