It’s November 2026. A letter lands in your inbox. It’s from a trade union you don’t recognise requesting access to your workplace to meet and recruit your workers. It sets a deadline and it references statutory rights you’re unfamiliar with. Can you refuse? What process applies? And what happens if you get it wrong?
Under the Government’s new draft Code of Practice on trade union access, getting this wrong could be extremely expensive, with penalties of up to £500,000 for repeated non‑compliance.
From October 2026, trade unions will have a new statutory right to request access to workplaces. Employers will face clear legal obligations, backed by enforcement powers and significant financial sanctions.
Trade union access: What’s changing?
The Government’s draft Code of Practice (consultation open until 20 May 2026) supports new trade union access rights expected to come into force in October 2026. Under the proposed framework, trade unions will be able to:
- Request physical access to workplaces
- Meet workers on site
- Provide union information
- Recruit workers directly
Once in force, employers won’t be able to ignore or indefinitely delay access requests as a formal process will apply.
Can employers refuse trade union access?
Yes, employers can refuse access if they can objectively justify the refusal. However, refusal is not the end of the matter. If agreement cannot be reached between employer and union:
- The matter can be referred to the Central Arbitration Committee (CAC)
- The CAC can assess whether the employer’s refusal is reasonable
- The CAC has the power to impose access arrangements if it disagrees with the employer
In practice, this means the final decision may not sit with the employer. Only very small employers (fewer than 21 employees) will be exempt from these access requests.
The financial risks (where this change really bites)
Most importantly, there’s the introduction of serious financial consequences for non-compliance. If access arrangements are imposed and an employer fails to comply, penalties escalate quickly:
- £75,000 for a first breach
- £150,000 for a second breach
- Up to £500,000 for a third and subsequent breaches
These penalties fundamentally change the risk profile and trade union access is no longer a “nice to sort out later” issue – it is now a material financial and legal risk.
Operational and security challenges for employers
One of the most complex aspects of the draft Code concerns privacy during union meetings. The draft guidance suggests that employers should switch off CCTV during meetings between unions and workers and ensure any recordings are not viewed or retained.
For organisations operating in highly regulated sectors, on security‑sensitive sites and with extensive monitoring or surveillance system, this is far from straightforward.
It raises serious questions around security, safety, data protection, system controls and operational feasibility. These are not issues that can be solved reactively once a request arrives.
What should employers be doing now?
Employers should prepare before October 2026, not when the first letter lands.
- Sense-check your current position: Have you handled a union access request before? Who would deal with it? If the answer isn’t clear, there’s a risk already.
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Put a basic process in place: How will requests be received, assessed and responded to? Without a defined process, delays and inconsistencies increase the risk of escalation and penalties.
- Understand your grounds for refusal: Refusal is still possible, but it must be justified and evidenced. You need clarity on where the line sits and how you will defend your decision if challenged.
- Review operational impact: If your workplace relies on CCTV, access controls or monitoring systems, work through the practical realities now. What can be switched off, what can’t, and what risks does that introduce?
- Train key stakeholders: This isn’t just an HR issue. Anyone handling inbound communications needs to recognise these requests and know what to do, including HR, leaders, managers, and shared inbox owners (e.g. info@).
How can Empowering People Group help?
If you’re unsure how trade union access rights could affect your organisation, or want to put a clear, legally sound and practical process in place, we can help. Our Group legal experts support employers to:
- Understand their legal obligations
- Prepare for union access requests
- Reduce financial and operational risk
- Respond confidently without unnecessary disruption
Speak to our experts today to discuss your challenges.
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This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
