Trade Union Access Requests: What Business Owners Need to Know
12 November 2026 · Suzanne Cullen, Chartered Member of the CIPD
If a trade union asks to contact your workers or visit your workplace, would you know what to do?
Since 30th October 2026, qualifying independent trade unions have been able to make formal requests for access to workplaces under a new statutory framework. Access could be in person, digital or a combination of both.
For business owners without an in-house HR team, the process may be unfamiliar. The important thing is to be prepared, respond promptly and consider requests constructively.
Does this apply to my business?
A qualifying union can request access even if your business does not recognise a union.
The Central Arbitration Committee (CAC), an independent body that handles certain workplace disputes, can only impose a statutory access agreement where the employer has 21 or more workers overall. This is measured across the employer as a whole, not just the site or group of workers covered by the request. If you are unsure how your workforce should be counted, take advice.
A request does not mean a union can simply turn up or use your IT systems without an agreed or determined arrangement. The framework provides a process for agreeing how access will work.
Why might a union request access?
A qualifying union may request access to meet, support, represent, recruit or organise workers, or to facilitate collective bargaining. The statutory purposes do not include organising industrial action.
What should business owners do?
1. Choose a point of contact
Nominate a director or senior manager to coordinate requests. Make sure reception staff, administrators and managers know who to notify if a request arrives by post, email or in person.
2. Record the date and respond promptly
A formal request must be written, dated and contain the required information. The employer's response period ends at the end of the 15th working day after the day the request is given. The clock does not wait until the request reaches the right manager internally.
Record when it arrives, check the requirements and seek advice promptly. Working days exclude weekends and certain public holidays.
3. Consider the request constructively
Do not dismiss a request simply because the business does not recognise a union or has never dealt with one before. Consider what is being proposed and, if an arrangement would cause difficulties, explain the reasons and discuss practical alternatives.
4. Think through the practical arrangements
Depending on the request, consider:
- Suitable rooms or other locations for a visit.
- Times that take account of shifts, breaks and business operations.
- Whether digital communication is appropriate and which channels could be used.
- Whether different arrangements are needed across sites.
- Reasonable health and safety, security, confidentiality and data protection safeguards.
Access should not unreasonably interfere with the business. These considerations are points for discussion, not automatic reasons to refuse access.
5. Involve the right people and keep records
Bring in those responsible for staffing, premises, IT or data protection as needed. Keep copies of the request, response, proposals, decisions and reasons. A clear record will help if questions arise later.
6. Know what happens if agreement is not reached
If the employer gives a response notice and the terms are not agreed, a negotiation period follows. This ends at the end of the 25th working day after the response notice is given. If there is no response notice within the response period, or negotiations end without agreement, the union may apply to the CAC.
Where a statutory access agreement is reached through negotiation, both parties must jointly notify the CAC of its terms. The CAC can also consider complaints about breaches. Financial penalties may apply in specified circumstances, including further breaches after an upheld complaint or a breach of a CAC order.
Respect workers' choices
Workers' decisions about union membership and involvement should be treated respectfully. Do not pressure someone to join or not join a union, or disadvantage them because of protected trade union activity. Seek advice before taking action if a concern arises.
A separate change to prepare for
From 1st January 2027, employers will be required to give workers a written statement about their right to join a trade union. This is separate from workplace access. The government says further legislation and guidance will set out the detailed requirements, so businesses should check the final rules before updating their processes.
The practical takeaway
You do not need to have every detail worked out in advance. You do need a clear contact, a way to escalate a request quickly and a willingness to discuss practical arrangements.
Evolved HR can help your business understand its responsibilities and prepare a practical response. Get in touch with Suzanne Cullen if you would like support.
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