From 30th October 2026, unions will get a new legal right to access workplaces – in person and online – to represent, recruit and organise workers, and to facilitate collective bargaining. Even non-unionised sectors will not be exempt. The Government has now finalised its Code of Practice (Code) on how requests should be made, negotiated and achieved, and has laid this before Parliament alongside the regulations that will bring this right into force. The core principles remain unchanged: trade unions will have a right to request access and employers must facilitate such requests.

How will the application process work?

Any independent trade union may apply for access, although the statutory right only applies where the employer has 21 or more workers. The Code confirms that the trade union will have to submit a request and the employer will have 15 days to accept, reject, or partially accept/reject, with reasons for any rejection. If terms are agreed, both parties can notify the Central Arbitration Committee (CAC). If not, they have 25 days to negotiate. If that fails, either party may refer the matter to the CAC within 55 working days of the original request.

What is the Central Arbitration Committee and what is its role?

The CAC is an independent statutory body with real teeth: it decides trade union recognition, disputes over European Works Councils, and other information and consultation arrangements. In a dispute around access arrangements, the CAC will decide the outcome, guided by a statutory presumption that access should be granted unless it is unreasonable.  In any event, the CAC will have the final say on such matters.

Are there any data protection considerations?

Yes. It is envisaged that digital access can work in two ways. Indirectly – where the employer passes on union material without handing over any personal data, or directly – where the union contacts workers itself, but only with their consent, and in line with data protection principles. The Code notes that employers must not monitor engagement with union digital communications or record/monitor digital access meetings. Where CCTV or recording equipment could capture a meeting, the Code suggests that the employer should inform the union (unless security concerns rule this out) and agree how to protect privacy, which may include switching off equipment or ensuring footage is not viewed live or recorded.

What happens if there is a breach of the agreement?

Allegations of a breach will be handled by the CAC, which may declare it well-founded and order remedial steps or require changes in the access agreement.  If there is a further breach (or non-compliance with a CAC order), the CAC can impose a penalty of up to £75,000 for a first offence, £150,000 for a second, and £500,000 for each subsequent order, with no cap on repetition. Breaches at multiple sites under one agreement are treated cumulatively, so penalties will escalate quickly.

What about voluntary discussions with the union?

The Code applies when a union is exercising its statutory right to access (or seeking to via the CAC) rather than a general code governing all trade union relations.  Where an employer and union agree access terms outside of the statutory process, those arrangements can supersede the statutory route, meaning the strict timetable is not applicable. The statutory framework and CAC involvement function more as a backstop: they matter once there is a dispute, or where no voluntary agreement is in place.

What should you do now?

Ensure that any access agreement covers all the aspects that you would want to deal with: who, what, when, where, how, behaviours and the rules to follow.  To best prepare for this, you should:

• Be aware of the finalised Code of Practice.
• Expect union activity, even if you have never seen it before.
• Move fast. Timescales are short. Identify stakeholders, train your negotiators, build internal processes.
• Consider access: site security, sign-in protocols, escorted or unescorted access, IT security implications. What is your process and who signs it off?
• Brief HR so they are ready to handle requests and any union activity that follows.