Union access to UK workplaces – a significant new right comes into effect on 30 October 2026

Employers unused to dealing with unions may need to grant them access to their workforces from the end of October 2026. What do employers need to be thinking about in advance of this significant change in the law?

On 22 July we wrote about the UK Government's response to the consultation it undertook earlier in 2026 about the new right of access of trade unions to UK workplaces contained in the Employment Rights Act 2025 ('ERA 2025').

The Code of Practice that was updated following the consultation exercise is still waiting to be approved by both Houses of Parliament but the Code is nevertheless in final form. All employers with 21 or more workers should read it in order to understand what the new law expects of them and what to do if a union makes a statutory request for access after 30 October 2026.

The right of access to a workplace is unprecedented in the UK and is regarded by some unions as one of the most significant provisions in the whole of the ERA 2025.  There is evidence that unions propose to use the right strategically to target workplaces where they believe they can make an impact. The Financial Times reported this week that in advance of the new law coming into effect, Meta had reached an access agreement with Prospect, a 160,000-member union that is interested in targeting new sectors like technology, where there is little history of union involvement. 

It seems clear that the promotion of collective bargaining is the intention behind the new right of access. Unions will be aiming to recruit at least 10 per cent of the workers in any workplace, as this is the threshold at which they become entitled to seek collective bargaining rights.  

It is also clear that there is widespread lack of knowledge about unions within some UK workplaces and a degree of suspicion and even hostility among employers. The legislation is intended to break down such barriers and promote constructive dialogue. Whether it achieves this remains to be seen.

In the meantime, employers who have no familiarity with unions need to think about who in their workplaces will be responsible for receiving and responding to access requests, and make sure that these individuals undertake at least some preparation. The template documents in the Code  give employers an indication of what to expect and the information they will need to provide in response to a request. It is not obligatory to use the template, but doing so will ensure that employers provide the information the ERA 2025 requires of them.

In the meantime, regulations are awaited giving further detail of the new requirement on all employers to give workers a written statement advising that they have the right to join a trade union. This right is coming into force at the same time as the right of trade union access and will require employers to provide the statement at the same time as providing the worker's section 1 statement and at other prescribed times (which will be set out in the regulations). We will be providing an update as soon as these regulations are published.

This article is authored by Christina Morton,  senior knowledge lawyer in the UK employment team.