Trade Unions - Access to the Workplace

New Rules from 30 October 2026

Introduction

From 30 October 2026, new rules will give independent trade unions the right to formally request access to workplaces to communicate with workers.

This applies even where an employer does not recognise a trade union or have any known union members.

Unions may request access to explain membership, recruit members, provide support or discuss collective bargaining. It cannot be used to organise industrial action.

This does not mean a trade union can simply turn up whenever it wants. Access arrangements must be agreed or determined through the statutory process, taking account of the needs of the business.

How the New Rules Apply to Your Business

The rules apply to businesses of all sizes, although there is an important exemption for smaller employers.

• Fewer than 21 workers: The Central Arbitration Committee (CAC) cannot impose access where the small-employer exemption applies. However, employers can voluntarily agree access.

• 21 or more workers: Unions can formally request access and, if agreement cannot be reached, apply to the CAC for a decision.

The small-employer exemption applies where the employer, together with any associated employers, has fewer than 21 workers both when the request is received and on average over the preceding 13 weeks.

Types of Union Access

Depending on the arrangements agreed, union access might include:

• A union representative visiting the workplace to meet workers.

• Short meetings or drop-in sessions.

• Individual discussions with workers.

• Online meetings or other digital communications.

The arrangements should be suitable for the workplace, taking account of its size, staffing and operational requirements.

Managing Access and Minimising Disruption

Employers can negotiate reasonable access arrangements that take account of how their business operates.

The Government's Code of Practice recognises that access should not unreasonably interfere with business operations and that unions should minimise disruption, particularly for small businesses.

For example, a retail business should not automatically have to close its shop or release all employees at once to accommodate a union meeting. Instead, it could propose:

• Two shorter meetings aligned with staggered lunch breaks.

• Small group meetings during quieter working periods.

• A union representative meeting workers individually in a suitable room.

• A combination of face-to-face meetings and digital communication.

Where proposed arrangements would cause operational difficulties, such as affecting customer service, staffing levels, safety or production, employers should explain their concerns and propose workable alternatives.

The aim is to provide reasonable access without unnecessarily disrupting the business.

Meeting Times, Breaks and Payment

Union meetings can take place during normal working hours or at other agreed times, including lunch or rest breaks.

The Code of Practice specifically recognises that lunch and rest periods may be suitable times for meetings.

Employers can therefore propose meetings during existing breaks, provided workers have a reasonable opportunity to participate and the arrangements are agreed.

The code of practice states employers should ensure that workers who attend a meeting organised by the trade union, through an access arrangement during work time, should be paid for the duration of their absence from work. However, The Trade Unions (Right to Access Workplaces) Regulations 2026 are silent on this, so this may be a developing area.

Based on the guidance and examples, payment will therefore depend on the arrangements as follows:

• During normal working hours: Employees attending agreed union access meetings should receive normal pay.

• During existing paid breaks: Normal pay would ordinarily continue, without automatically creating an additional payment entitlement.

• During unpaid breaks: Voluntary attendance does not automatically create an entitlement to payment.

• Outside normal working hours: Attendance does not automatically create an entitlement to payment.

• Travel to meetings: if the meeting needs to take place away from the employee’s normal place of work, the time travelling to and from this meeting would not automatically create an entitlement to payment.

Employers should clarify these arrangements when agreeing access with the union and confirm this in writing.

Employee Participation

Attendance at trade union meetings is voluntary.

Employees can decide whether to attend, speak with a union representative or consider joining the union.

Employers must not pressure employees to attend, discourage participation or treat employees unfavourably because of their lawful trade union activities.

Frequency and Duration of Access

The timing, duration and frequency of access can be negotiated, taking account of the union's purpose and the operational needs of the business.

The proposed Regulations recognise at least weekly access as a model arrangement that the CAC must consider not to unreasonably interfere with a business. However, this does not automatically entitle a union to hold unlimited weekly meetings or require every employee to be released at once.

Employers should seek advice before restricting or refusing proposed arrangements.