The Employment Rights Act introduces significant changes to trade union rights, making it easier for unions to be recognised and giving them new rights to access workplaces.
For employers, these changes raise important questions about employee relations, workplace access and how to prepare for requests from trade unions.
What Is New?
Two significant developments deserve particular attention: changes to the statutory recognition process and new rights for trade unions to request access to workplaces.
Recognition Is Easier
Previously, a union seeking statutory recognition needed support from at least 40% of the entire bargaining unit in a recognition ballot.
That requirement is being removed. A simple majority of those voting can now be sufficient, even where turnout is low, subject to the applicable statutory requirements.
Changes are also being made to the rules surrounding existing staff associations and recognised unions, limiting the ability of employers to use those arrangements to prevent applications from independent trade unions.
The practical point: Employers should review their employee relations arrangements and understand how the revised recognition process could affect their business.
Access Is the Big One
From 30 October 2026, trade unions will have new rights to request access to workplaces.
There is no minimum union membership threshold for making an access request. This means a union may seek access even where it does not currently have members within the workplace.
Employers will need to respond within the prescribed timeframe, which is expected to be 15 working days under the relevant framework.
Where an employer and union cannot agree suitable access arrangements, the Central Arbitration Committee (CAC) may become involved and determine the terms.
What Could Workplace Access Involve?
Under the proposed model arrangements, workplace access could include:
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Notice of workplace visits. Five days' notice for an initial visit and two days' notice for subsequent visits under the model terms.
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Meetings during working time. Arrangements that may allow employees to attend union meetings during paid working hours.
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Digital access. Potential access to workplace communication systems, including intranets and staff email facilities.
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Access to premises. The CAC may have powers relating to access arrangements even where an employer does not own the building it occupies.
These are substantial changes, and employers should understand the applicable rules, procedures and potential penalties for non-compliance.
Important distinction: Access is not recognition. Union membership is not recognition. However, workplace access may create opportunities for unions to engage with employees and build support.
Why This Matters for Employers
Workplace access has historically been an important way for unions to communicate with employees and develop relationships within organisations.
The new framework creates opportunities for unions to engage with workplaces where they may previously have had limited involvement.
Many trade unions see these changes as a significant opportunity to increase membership and strengthen workplace representation.
Employers should therefore approach the changes proactively, rather than waiting until an access request arrives.
This Is a Board Issue
This is not simply a topic for an HR training session. It is a commercial and strategic issue that deserves attention from senior leadership.
The last call any HR director wants is the CEO asking what on earth is happening at one of the company's sites.
Employers need to understand the potential implications for their operations, employee relations and wider business strategy.
Trade union access is a business issue. It affects your people, your operations and your wider employee relationships.
What Should Employers Do Now?
Businesses should start preparing before receiving a formal workplace access request.
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Understand the new framework. Make sure senior leaders and HR teams understand the process for handling union access requests.
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Review employee relations. Consider how employees currently raise concerns and whether existing engagement arrangements are effective.
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Prepare for access requests. Identify who will respond, how requests will be assessed and what operational considerations may arise.
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Consider practical access arrangements. Think about workplace safety, confidentiality, operational requirements and communication systems.
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Involve senior leadership. Ensure the board understands the potential commercial and strategic implications.
Let's Talk
Not many lawyers have lived through a serious industrial dispute. The team at Impact Lawyers has.
We help employers plan ahead, agree sensible workplace access terms and build employee relations that work in practice.
Whether you need advice on the new trade union access framework, support with a workplace access request or strategic guidance for your leadership team, we can help.
Contact Victoria to discuss how we can support your business.
Email: victoria.hall@impactlawyers.co.uk
By Victoria Hall, Co-Founder Employment Law
Victoria is an experienced employment lawyer, a Level 7 CIPD-qualified HR professional, accredited external workplace investigator, practising coach and a non-executive director.
This article is for informational purposes only and does not constitute legal advice. For specific legal advice tailored to your business, please contact the Impact Lawyers team at contact@impactlawyers.co.uk .