11th November 2026
New legislation gives independent trade unions the right to request access to workplaces from 30 October 2026, even where employers do not recognise them. Businesses employing 21 or more workers will need to understand the new rules.
A significant change in employment law came into force on 30 October, giving independent trade unions a new statutory route to gain access to workplaces and communicate with employees.
The changes apply across Scotland, England and Wales and form part of the UK Government's Employment Rights Act 2025.
For many businesses, particularly those which have never had a trade union presence, this represents a change in the way they must deal with requests from trade union representatives.
Until now, access to workplaces by trade unions has generally depended on voluntary arrangements, existing recognition agreements or other specific legal rights. The new legislation creates a formal process which employers must follow, even when they do not recognise the union concerned.
Importantly, this is not simply a right for union representatives to turn up unannounced and walk into a business. It establishes a statutory process for requesting, negotiating and, where necessary, determining access arrangements.
What exactly has changed?
An independent trade union can now formally request access to a workplace to meet, recruit, organise, support and represent workers, as well as facilitate collective bargaining.
The significant difference is that the employer cannot dismiss the request simply because it does not recognise the union or because none of its employees currently belong to it.
Access can take several forms.
Physical access could involve union representatives visiting a factory, office, warehouse, shop or other workplace to meet employees.
Digital access could involve the employer facilitating emails, online meetings or other electronic communications between the union and workers.
A combination of physical and digital access can also be negotiated.
This is particularly relevant as more businesses employ people across different locations, operate several shifts or have staff working from home.
The intention is to give workers a reasonable opportunity to hear what trade unions offer and decide for themselves whether membership and representation would be useful.
What must employers do?
The legislation establishes a timetable for dealing with requests.
An employer must respond within 15 working days of receiving a formal request. If the parties cannot agree on the arrangements, they then have a further 25 working days to negotiate an access agreement following the employer's response.
If agreement still cannot be reached, either the employer or the union can refer the matter to the Central Arbitration Committee (CAC).
This is an independent body responsible for dealing with certain employment relations disputes, including statutory trade union recognition and now workplace access.
The CAC can determine whether access should be granted and set the conditions under which it takes place.
It also has responsibility for overseeing and enforcing statutory access agreements. Financial penalties can be imposed for non-compliance.
Employers therefore need to take requests seriously rather than simply ignoring them or hoping the issue will disappear.
Are smaller businesses exempt?
There is an important exemption for smaller employers.
The CAC cannot impose a statutory access agreement where an employer, taking account of associated employers, has fewer than 21 workers at the relevant time and has also averaged fewer than 21 workers over the preceding 13 weeks.
This means the exemption is not necessarily determined by the number of people working at one particular premises. The wider employment arrangements and associated businesses can matter.
Businesses employing 21 or more workers should familiarise themselves with the new requirements, even if they have never previously dealt with a trade union.
Employers still have some safeguards
The new legislation does not give trade unions unrestricted access to business premises.
An access agreement can establish when representatives may visit, which areas they can enter, how much notice is required and what facilities are available.
Health and safety, security, confidentiality and data protection must also be considered.
A factory operating hazardous machinery, for example, will have different requirements from a small retail business or an office.
There are also statutory grounds on which the CAC must or may refuse access in particular circumstances.
The arrangements are intended to balance the rights of workers to hear from trade unions with the legitimate operational requirements of businesses.
What might this mean for Scottish businesses?
Consider a manufacturing business employing 80 people in Caithness or Sutherland.
It has operated for many years without trade union recognition. Management deals directly with employees over pay, working conditions and workplace concerns.
Under the new arrangements, an independent union could request access to meet those employees, explain its services and seek to recruit members.
The employer would have to follow the statutory process, even if it preferred to maintain its existing arrangements.
Similar situations could arise in construction, engineering, transport, distribution, hospitality, retail, care services and private-sector contractors.
There could also be implications for businesses working on major infrastructure and energy projects, where contractors and subcontractors employ substantial workforces.
For smaller employers, the administrative work involved in dealing with requests and negotiating access arrangements may be unfamiliar territory.
Could this lead to more trade union membership?
That is one of the important questions arising from the change.
Trade union membership has declined over several decades in many parts of the private sector, although unions remain influential in parts of the public sector, transport, energy and manufacturing.
One difficulty for unions has been reaching employees in workplaces where management has not recognised them and where workers may have little knowledge of what membership involves.
The new legislation removes one of those barriers.
Employees will have a greater opportunity to hear directly from union representatives about pay negotiations, workplace disputes, legal support and employment rights.
However, access does not mean employees have to join a union, nor does it automatically mean an employer must recognise one for collective bargaining.
Those are separate matters governed by their own statutory procedures.
The Government is also introducing other changes to trade union recognition and the rights of workplace representatives as part of its wider employment reforms.
What should employers be doing now?
Businesses employing 21 or more workers should make sure managers and human resources staff understand the new requirements.
They should have a clear procedure for receiving and responding to requests, identify who will handle negotiations and consider practical arrangements for workplace visits and digital communications.
Employers should also familiarise themselves with the new statutory Code of Practice.
For employees, the change means that a lack of existing union recognition is no longer, in itself, a reason why a union cannot seek access to the workplace.
A change in the balance of workplace relations
The Government's argument is that workers should have a fair opportunity to hear about trade union membership and representation, rather than access depending entirely on whether an employer is willing to facilitate it.
Employers may have different views, particularly those who believe they already maintain good relationships with their staff without union involvement.
There is also a practical question about how the new arrangements will work in smaller regional economies, where businesses may have limited management resources and employees can be spread across several sites.
What is clear is that the legislation creates a new formal obligation for employers and a new opportunity for independent trade unions.
It does not mean that every workplace will suddenly have a union representative, but it does mean that employers can no longer assume that a workplace without union recognition will remain beyond the reach of trade union organisers.
For Scottish businesses, this is another significant employment law change which deserves attention.