10th August 2026
A significant change to the relationship between employers and trade unions is coming into force under the Employment Rights Act 2025.
From October 2026, trade unions will gain a new statutory right to access workplaces to meet and support workers, represent them, recruit members, organise union activity and help facilitate collective bargaining.
What is changing?
At present, trade unions do not have a general legal right simply to enter an employer's workplace to speak to workers.
The new legislation changes this. Subject to rules and safeguards set out in the legislation and accompanying Code of Practice, unions will be able to request access where they have a legitimate reason connected with their activities.
The aim is to make it easier for workers to hear from trade unions and for unions to organise and represent employees.
It does not mean unrestricted access
The change should not be interpreted as giving unions a free pass to enter any workplace whenever they wish.
There will be procedures governing how access is requested and arranged, including consideration of the employer's circumstances. The Government has been consulting on a Code of Practice intended to explain how requests should be made and how access should work in practice.
That means employers and unions will still have to work within agreed rules rather than simply turning workplace access into a confrontation.
Why does it matter?
The change could be particularly important in workplaces where union membership is currently low or where there has been little previous contact between unions and employees.
For trade unions, easier access could mean:
More opportunities to recruit members.
Greater ability to explain workers' rights.
Better access to workers who may previously have had little contact with a union.
Stronger opportunities to build collective bargaining arrangements.
For employers, the challenge will be to manage the new rights while maintaining normal business operations and security.
Part of a wider change
The workplace-access provision is only one element of the Act's wider reforms to trade union law.
Other changes include simpler trade union recognition procedures and new rights for union representatives to receive reasonable accommodation and facilities for carrying out their duties.
The Government's wider objective is to strengthen collective bargaining and workplace representation.
For businesses, particularly smaller employers, the practical message is simple: trade union access is becoming a more established part of employment law rather than something employers can simply refuse.
The success of the new system, however, may depend on how sensibly employers and unions use it. If it encourages earlier communication and helps resolve workplace disputes before they become major conflicts, it could ultimately benefit both sides.