UK Unions Gain Right to Enter Workplaces From Today

Posted on October 30, 2026 in Employment Law & Policy

Trade unions in the UK gained the right to enter workplaces from 30 October. They can speak to workers there to represent, recruit and organise them, and to facilitate collective bargaining. The rights derive from the Employment Rights Act 2025.

TUC general secretary Paul Nowak has told businesses they have “nothing to fear” from the new rules. He told The Guardian he expects a wave of union recognition deals in the private sector over the next year. There could be hundreds or thousands of new recognition agreements by this time next year, he said.

Nowak pointed to recent agreements between John Lewis and Usdaw, and between the GMB and the Maritime and Coastguard Agency. In his view, a range of employers have recognised that the legislation and the political climate are changing and are reaching voluntary agreements with unions.

How access works

If a union and an employer cannot agree on access, a formal request process applies. It is overseen by the Central Arbitration Committee (CAC). The CAC’s “model terms”, which it must regard as reasonable, include weekly access for unions. Employers must ensure as far as reasonably possible that visits and communication are private.

Visits should happen close to where people work and during normal working hours. Sessions may run on different days and at different times, so shift workers and people with variable hours can attend. Digital access can go through channels the employer already uses, such as email or Teams. Firms with fewer than 21 workers are excluded.

The CAC also enforces the rules. If access is refused or delayed, it can impose penalties ranging from £75,000 to £500,000.

Employers voice concerns

Jenny Rimell, head of HR consultancy and training at Make UK, told Personnel Today that the government has failed to prepare businesses. She said it has issued a code of practice, but it lacks detail and leaves too many unanswered questions. She expects the change to be “incredibly challenging” for firms that have never dealt with unions.

Stephen Chegwin, a partner at Eversheds Sutherland, noted that employers have 15 working days to respond to a request. Firms should know who will handle a request, how access could work in practice and what safeguards are needed around confidential information, IT security, data protection and health and safety, he said.

Jon Fisher, an employment partner at Pinsent Masons, said there is a presumption in favour of access being granted. Many employers are weighing which unions they would prefer to admit, he said. Pinsent Masons expects a slew of so-called sweetheart deals in November.

Other changes arrive alongside the access rights. Workers gain legal protection from detriment by their employer for taking part in industrial action. Once the CAC accepts a union’s recognition application, the bargaining unit’s composition is frozen, which stops employers flooding a unit with new workers. Also from 30 October, employers have a duty to take “all reasonable steps” to prevent sexual harassment at work.

UK union membership rose by 192,000 to 6.6 million in 2025, according to figures from the Office for National Statistics and the Department for Business and Trade. Among private-sector employees it grew by 76,000 to 2.5 million, though totals remain well below 1970s levels.

Source: Personnel Today