From October 2026, a new law will give trade unions a statutory right to access workplaces with 21+ workers to recruit members — potentially every week. This applies whether or not you recognise a union, whether or not you have ever had union involvement. The government has published a draft Code of Practice on trade union access, alongside a consultation which is open until 20 May 2026.
The Code is intended to guide how unions may access workplaces to recruit, organise and communicate with workers, and how employers should respond, it addresses the scope and purpose of access, expectations around timing, frequency and facilities, and the need for access arrangements to be reasonable and proportionate. It also explains the role of the CAC in resolving disputes and the potential consequences of non-compliance, signalling that access rights are intended to be meaningful rather than purely formal.
If a union requests access and you refuse, you’ll need to justify that decision. If the Central Arbitration Committee disagrees, it can impose access terms on your business.
The financial risk of getting this wrong is significant:
• £75,000 for a first breach
• £150,000 for a second
• Up to £500,000 for repeated non-compliance
These penalties can be applied more than once if the issue continues.
But it’s not just about access – the draft Code also suggests employers should switch off CCTV during union meetings and ensure recordings are not viewed or retained. For HR teams operating in highly monitored environments, that raises real, practical and operational challenges; how do you balance legal compliance with security, safety, and internal policies?
Subject to the outcome of the consultation, the new statutory right of access has the potential to represent a meaningful shift for employers, particularly those without recognised unions, by lowering barriers for trade unions to engage directly with workers on site, this is likely to increase union visibility and organising activity.
Many employers will want to put in place clear, lawful access protocols and ensure managers are equipped to handle requests consistently; to minimise the risk of disputes being escalated to the CAC.
This isn’t something to deal with when a union request lands.
Now is the time to:
- Review your current workplace access policies
- Assess surveillance systems and internal protocols
- Train managers on how to respond to union requests
- Plan for how access requests will be handled in practice
If you haven’t started preparing, you’re already behind, reach out to us today https://www.juliantaylorhr.com/contact-us/
