Trade Union Reforms: What Employers Need To Know For October 2026

What trade union changes are due to take effect on 30 October 2026?

A raft of trade union reforms is due to take effect on 30 October 2026, which will:

• give independent trade unions new rights to access workplaces physically and digitally;
• implement further reforms to the statutory recognition and derecognition process;
• introduce new rights and protections for trade union representatives; and
• extend workers' protection against detriment for taking part in industrial action.

Together, these measures represent a substantial shift in the industrial relations framework, particularly for employers that have previously had little or no engagement with trade unions. In this article we summarise the key changes, focusing primarily on the right of access given its potential significance for employers.

New trade union right of access to workplaces

From 30 October 2026, qualifying independent unions will have a statutory right to seek physical and digital access to employers with 21 or more workers. Access can be used to meet, support, represent, recruit or organise workers, or to facilitate collective bargaining, but it cannot be used to organise industrial action.

Importantly, a union will not need to show any existing level of membership or support within the workforce before requesting access. This means that unions will be able to establish a presence in workplaces where they are not currently recognised or active, making it likely that a wider range of workplaces will see greater union visibility once the change takes effect.

How will a trade union access request will work

The Code of Practice on the new right to request access sets out the following process for drafting an access agreement:

1. The union requests access.
2. The employer must respond within 15 working days (or longer if agreed).
3. The parties are allowed 25 working days (or longer if agreed) to negotiate and agree terms, and they must engage in good faith.
4. If agreement is reached between the parties, access is granted on agreed terms and the parties jointly notify the Central Arbitration Committee (CAC).
5. If negotiations are unsuccessful, either party can refer the matter to the CAC for resolution within 55 working days of the original access request (unless extended to 70 days by the CAC).

There is a presumption in favour of a union's access if it can be provided without unreasonably interfering with the employer's business. As such, if an employer believes that the access request contains terms that will unreasonably interfere with its business or will require unreasonable steps to facilitate access, it should explain this in its response. Although it is likely to be difficult for an employer to resist access altogether, it may be possible to negotiate appropriate operational conditions.

Terms of a trade union access agreement

The Code of Practice includes the following model terms for an access agreement:

• Access up to once a week (in person or digitally).
• At least five working days' notice before the first instance of access.
• At least two working days' notice for each subsequent instance of access.
• Reasonable use of existing accommodation and facilities.
• Privacy, so far as reasonably possible, of communications between workers and the union.
• Compliance by union officials with all reasonable instructions given by the employer.

The parties may agree different terms but, if a union's request is referred to the CAC, the CAC is more likely to grant it if it is consistent with the model terms.

Exceptions

The CAC will not grant access if:

• The employer has fewer than 21 workers.
• The access request provides less than five working days' notice for the first instance of access.
• The proposed access agreement lasts longer than two years, unless the parties extend it by agreement.
• Access risks compromising national security or criminal investigations.

It will be regarded as reasonable for the CAC to refuse access where:

• The employer already recognises another union in relation to workers covered by the other union's access request.
• There is an ongoing statutory recognition process concerning those workers.
• There are multiple live access requests involving overlapping workers, in which case it is reasonable for the CAC to refuse all such requests.
• The employer already has a statutory access agreement with another union for at least one of the workers covered by the new access request.
• The access jeopardises health and safety.

Penalties for breach of an access agreement

Either party can complain to the CAC about breach of an access agreement and the CAC can order steps to remedy the breach. In the event of subsequent breaches, it can impose penalties up to:

• £75,000 for the first penalty;
• £150,000 for the second penalty; and
• £500,000 for any subsequent penalty relating to the same access agreement.

Other trade union changes from 30 October 2026

Other headline changes are:

• Further changes to the statutory recognition process, including applying restrictions on unfair practices from earlier in the process. These reforms build on changes introduced in April 2026, which we reported in our article 'Employment Rights Act 2025: trade union recognition and access rights explained'. A new Code of Practice on access and unfair practices during the recognition and derecognition process has been laid before Parliament.
• Extending protection against detriment for taking industrial action.
• Expanded rights and protections for union representatives.

Duty to inform workers of their right to join a union

The Employment Rights Act 2025 includes a new duty to inform workers of their right to join a union, which was previously due to take effect on 30 October 2026. The government's updated guidance now confirms that employers will need to provide the prescribed information to all new workers from January 2027, with all existing workers required to receive the information by 5 April 2027. We provide more detail in our article on the duty to inform workers of their right to join a union.

How should employers prepare?

Preparation for these changes is critical. Employers, particularly those without established union relationships, should consider the following steps:

• Understand the impact of the changes on their organisation, identify the main areas of risk and ensure the right people internally understand the new framework.
• Prepare operationally for greater union activity, anticipating scenarios such as recognition requests, access requests and industrial action.
• In the case of access requests, ensure clear, lawful protocols for handling requests and clear methods of communications are in place. Given the narrow timeframe for response and negotiation, ensure you have a dedicated point of contact or team who is responsible for responding. Staff who monitor any general inboxes should be instructed to forward any access request to the relevant individual/s promptly. Ensure practical issues relating to union access (for example, security, data protection, facilities, confidentiality of meetings) are considered, reflected in the drafting of an access agreement and communicated to relevant stakeholders.
• Strengthen internal employee voice mechanisms to give employees meaningful opportunities to raise concerns, which may make them less likely to turn to unions.
• Where unions are recognised or likely to become more active, a constructive and proactive approach is likely to be more effective than an adversarial one. While this may not be possible in every case, where it is, consider investing in building relationships with recognised or emerging unions and setting expectations and communication patterns early, before contentious issues arise.