Trade Union Access and the Right to Join Statement: What Employers Must Do

Short answer: From 30 October 2026, independent trade unions have a new right to request physical or digital access to your workplace. Under the draft regulations you must respond within 15 working days and then have 25 working days to negotiate an access agreement. The Government intends the duty to give workers a written statement of their right to join a union to start on 1 January 2027, with the regulations still to be made.

Many small and mid-sized employers have never had a union approach. That is likely to change. The Employment Rights Act 2025 strengthens union access, loosens the route to statutory recognition and adds a new document to your onboarding pack. None of it needs panic, but all of it needs a plan.

The New Right of Access to Trade Unions

The Employment Rights Act 2025 inserts a right of access into the Trade Union and Labour Relations (Consolidation) Act 1992. A union that holds a certificate of independence can ask to enter the workplace, physically or digitally, to meet, support, represent, recruit or organise workers (whether or not they are members) or to facilitate collective bargaining. Organising industrial action is expressly excluded. The right of access takes effect on 30 October 2026 under commencement regulations made on 1 October 2026. The detailed procedure sits in regulations and a Code of Practice laid before Parliament in July 2026. The required-information regulations (SI 2026/756) have been made, and the main procedural regulations were laid in draft for parliamentary approval, so the details below follow the draft.

• Types of access: physical, digital or both. Digital access could mean an online meeting facilitated by the employer that the union joins, or an email the employer sends round on the union’s behalf.
• Employer response: within 15 working days of the request being sent, under the draft regulations.
• Negotiation: 25 working days from the employer’s response to agree an access agreement. Any agreement has to be in writing and jointly notified to the Central Arbitration Committee (CAC).
• If no agreement: either side can apply to the CAC, generally within 55 working days of the request. The CAC must refuse access where the employer, together with any associated employers, has fewer than 21 workers both on the day of the request and on average over the previous 13 weeks.
• Enforcement: the CAC can order compliance with an access agreement. Where a breach is repeated or an order is ignored, it can order payment of an amount, and the draft regulations cap those amounts at £75,000, £150,000 and £500,000 for a first, second and third or later order.
• New workers: the statement must be given at the same time as the written statement of employment particulars. The Government’s stated intention is that this starts on 1 January 2027, although some commentators expect any date between December 2026 and January 2027.
• Existing workers: government guidance indicates a first deadline of 5 April 2027 for workers still employed then. The consultation response confirms the approach of annual delivery by 5 April.
• Repeat delivery: direct methods such as email or post mean re-issuing each year by 5 April. Indirect methods such as an intranet or handbook are allowed, provided workers are told where to find it, it stays continuously available and they get an annual reminder.
• Changes: if the unions you recognise, or have access agreements with, change, the statement must be re-issued within one month.
• Content: a brief explanation of what unions do, details of any recognised union and any statutory access agreement, information about the Certification Officer’s list and a summary of rights relating to union membership.

Access is for purposes such as meeting, supporting, representing, recruiting and organising workers and facilitating collective bargaining. Organising industrial action is excluded.

The Right to Join Trade Unions Statement

The Act introduces a duty to give workers a standardised written statement of their right to join a trade union. The duty applies in Great Britain, and to workers, which is a wider group than employees. According to the Government’s guidance:

The regulations setting the content, the standard wording and the start date had not been made at 8 October 2026. The Government has said they are expected in November 2026, with guidance to follow. Failing to give the statement can lead to an uplift of two to four weeks’ pay where a worker wins another claim, through section 38 of the Employment Act 2002. The wording is standardised, so do not rewrite it. Commentators warn against adding comments such as “we are not a unionised workplace” or “you can raise concerns directly with management”, because that could be read as watering down the message.

Recognition is Easier for Unions

Since April 2026, the route to statutory recognition has been simpler. The requirement for a union to show majority support is likely has gone, and the 40% support threshold in recognition ballots has been removed, so a simple majority of those voting is enough. From 30 October, further changes include earlier application of the rules on unfair practices, and a shorter period of 15 working days, extendable by agreement, for negotiating access during a recognition process.

What Employer's Need to Do Now

1. Choose an owner. Decide who opens and logs union correspondence, because the 15 working day clock starts when the request is sent, not when someone notices it. Check the generic inbox, the registered office and the main switchboard.

2. Prepare a response plan. Decide who will approve a response, who will speak to the union, what digital access could look like and what operational limits are reasonable (safety, security, patient or customer confidentiality, shift patterns).

3. Brief managers. They should not discourage membership, ask staff whether they belong to a union, treat representatives differently or react badly to organising activity. These behaviours can lead to detriment or discrimination claims.

4. Update onboarding. Add the statement to the offer pack, contract template or e-signing workflow, set a diary reminder for each 5 April and keep a record that each worker received it. Include workers who are not employees, such as casuals and some agency and consultant arrangements.

5. Review engagement. Employers with effective staff forums, open communication and fair pay and processes are less likely to see unions recruit rapidly. Start the conversations early.

Want a practical plan without the legal jargon? We can prepare your union access response plan and update your onboarding documents for a fixed fee. [Speak to an employee relations adviser]

Frequently asked questions - Trade Unions

Can a trade union enter my workplace? The right takes effect on 30 October 2026. An independent union can then make a formal request for access, and under the draft regulations you must respond within 15 working days and then negotiate for up to 25 working days. If you cannot agree, the CAC can decide, unless you and any associated employers have fewer than 21 workers.

What must I give new starters about trade unions? A standardised written statement of the right to join a trade union, provided at the same time as the written statement of employment particulars. The Government intends this to start on 1 January 2027, with the content and wording set out in regulations that had not yet been made at 8 October 2026.

Does this apply if I do not recognise a union? Yes. The right to join statement applies whether or not you recognise a union, and unions can ask for access whether or not you recognise them.

Does the statement apply to casual and agency workers? It applies to workers, not only employees, so casual staff and some agency and consultant arrangements will be included. Check your onboarding routes for each.

What if I ignore a union access request? The union can apply to the CAC, which can impose terms unless you and any associated employers have fewer than 21 workers and can order compliance, with payment orders for repeated breaches. Ignoring a request is the quickest way to lose control of how access works.

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Reviewed 8 October 2026. This article is general guidance and not legal advice. The access procedure follows draft regulations, and the right to join statement date is the Government’s stated intention.