Trade union workplace access right effective 30 October 2026

From 30 October 2026, qualifying trade unions will be able to apply for formal access to physical and/or digital access to your workplace. This new right, introduced by the Employment Rights Act 2026, applies to workplaces with 50 or more employees. Trade unions must give at least 14 days' notice before seeking access, and employers may refuse on certain grounds, such as national security or disproportionate disruption. The access can be for the purpose of recruiting members or for collective bargaining. Digital access means the union can communicate with employees via email or intranet. Physical access means they can enter the workplace to meet employees. Employers should review their existing recognition agreements and update their policies to reflect the new rights. They should also train managers on how to handle access requests. A tribunal can order access if the employer unreasonably refuses. The union can also apply to the Central Arbitration Committee for a determination.