Most small businesses have never had a conversation with a trade union. From 30th October 2026, some of them will have one whether they planned to or not.
A new statutory right of access means independent trade unions can formally ask to come into your workplace, in person or digitally, to talk to your staff. You do not have to recognise the union, and none of your staff have to be members. Here is how it works and what to do if a request lands in your inbox.
What is the trade union right of access?
It is a new legal right, introduced by the Employment Rights Act 2025, for independent trade unions to access workplaces to meet, support, represent, recruit and organise workers, and to facilitate collective bargaining. Access can be physical (for example, a meeting room or the staff break area) or digital (for example, through your staff messaging or intranet system).
Unlike the union recognition process, there is no minimum level of membership or support the union has to show first.
Which employers does it apply to?
The right applies to employers with 21 or more workers. If you have 20 or fewer, you can say no to a request and the Central Arbitration Committee (CAC) will not step in.
Note that it is workers, not just employees. Casual and zero hours staff count towards the headcount, so a café or small hospitality group can pass 21 sooner than the owner might think. Keep an accurate headcount if you are close to the line.
Employment lawyers expect unions to test the new rules early in retail and hospitality, which is where a lot of our clients sit.
How does a trade union access request work?
The timetable is short:
- The request. The union sends a formal access request, usually by email, setting out the access it wants.
- Your response: 15 working days. You must reply within 15 working days, accepting, rejecting or offering to negotiate. The clock starts when the request reaches the business, not when it reaches the right person.
- Negotiation: 25 working days. If you do not accept in full, there is a 25 working day window to agree terms.
- The CAC. If you cannot agree, either side can apply to the CAC, no later than the 55th working day after the original request. The CAC then decides whether access is granted and on what terms.
If you do reach agreement, you and the union jointly notify the CAC so the agreement is recorded.
How often can a union come in?
The model terms in the Code of Practice allow for access up to once a week, with at least five working days’ notice before the first visit and two working days’ notice for each one after that. An access agreement lasts for a maximum of two years. Union officials must follow your reasonable instructions while on site, and access should take place at times that keep disruption to a minimum.
Can an employer refuse access?
The starting point is that some access should be granted, so a flat refusal is unlikely to hold. The CAC can refuse or limit access in certain situations, including where you already recognise an independent union for those workers, where another union already has an access agreement, where access would create a genuine health and safety risk, or where it would require significant changes to your premises or IT systems.
The practical point for most small employers is this: you will have more influence over when, where and how often access happens if you engage and negotiate than if you ignore the request and let the CAC decide.
What happens if you do not comply?
The CAC can issue penalties for breaching an access agreement, starting at up to £75,000 for a first breach and rising for repeated breaches. It can also publish the name of the employer.
What should employers do now?
- Check your headcount. Count workers as well as employees. Know whether you are above or below 21.
- Decide who handles a request. Make sure whoever reads the general inbox knows what an access request looks like and who to pass it to the same day. Fifteen working days goes quickly.
- Think about the practicalities in advance. Which room, which times, which shifts, and what parts of the site are off limits for health and safety or confidentiality reasons.
- Brief your managers. Managers must not threaten, discourage or penalise staff for talking to a union. A careless comment is a far bigger risk than the access itself.
- Look at how you listen to your staff. Businesses with a genuine way for staff to raise concerns are much less likely to attract a union campaign in the first place.
Our view
A union access request is not a crisis, and it does not mean your staff are unhappy. It is a process with a deadline. Treat it like any other compliance task: respond on time, negotiate sensible terms, and keep running your business. The employers who will struggle are the ones who find the email three weeks late.
Frequently Asked Questions
When does the trade union right of access start?
30th October 2026.
Does the right of access apply to small businesses?
Only to employers with 21 or more workers. Employers with 20 or fewer can refuse a request and the CAC will not intervene.
Do I have to let a union in if none of my staff are members?
Potentially, yes. There is no membership threshold, and the starting presumption is that some access should be granted.
How long do I have to respond to a trade union access request?
15 working days from the day the request is received by the business.
How often can a union access my workplace?
The model terms allow up to weekly access, with five working days’ notice for the first visit and two working days’ notice for each later visit.
If a union access request lands, or you want a plan in place before 30th October, book a 30 minute call with Dan. Beagle HR Club members get support with requests and negotiation as part of their membership.
This article is general guidance for employers and is not legal advice.
