New rules grant unions workplace access rights
A small business owner is concerned about new rules that grant trade unions access to employees. The owner, who employs three staff members and one long-time family friend, is concerned that union representatives can set up at their business and contact their employees, and they will be fined for refusing.
According to experts, the new rules, which come into force on October 30, 2026, allow trade unions to visit and speak to workers in the workplace. However, the employer can deny the request, and the Central Arbitration Committee (CAC) can rule on whether access should be granted and on what terms.
New Workplace Access Rights
Jo Mackie, employment partner at law firm Michelmores, explains that unions should generally be allowed to enter the workplace and communicate with employees if this does not unreasonably interfere with the employer’s business. A union must follow the prescribed process to request access and cannot just show up unannounced.
The employer has 15 days to respond to the request, and if they deny it, they must give a reason why. The CAC can impose an access agreement on an employer, but only if the employer has 21 or more employees.
Threshold for Workplace Access
Kelly Smallcombe, of Meliorem HR Consultancy, notes that the threshold applies to workers, rather than only employees, and includes some contractors and agency staff. Headcounts may also be calculated across associated employers, so separating staff between connected companies will not necessarily place a business below the threshold.
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In the case of the small business owner, with only three employees and one family friend, the threshold would not be met, and the CAC would have to refuse an application for statutory access. However, a union could still approach the owner and ask to agree to access voluntarily.
Arrangements for Access
Access does not mean union representatives can simply arrive and establish a permanent presence, either physically or digitally. A union cannot automatically obtain workers’ personal contact details, and workers must consent before those details are shared for direct contact.
The arrangements must not unreasonably interfere with the business and could cover meetings, advice, advocacy, recruitment, representation, or facilitating collective bargaining. The owner should keep an accurate record of everybody working for the business and check their employment status, particularly if they use contractors or agency staff or operate through connected companies.
Jo Mackie adds that the owner’s duties as an employer remain, and they must protect their employees under health and safety legislation and maintain the rights of their employees under Equality Act and Employment Rights Act laws. If in doubt, the owner should speak to an HR consultancy or an employment lawyer.
In terms of fines, the headline fines are substantial, but they would not apply merely because the four-person firm refused an initial request. The fines relate to breaches of a statutory access agreement or CAC order, with a maximum of £75,000 for a first penalty order, £150,000 for a second, and £500,000 for a third or subsequent order under the same agreement.
