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Trade Unions gain new rights of access to workplaces from October 2026

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From October 2026 (precise date still to be announced) a major change to UK employment law is set to take effect: trade unions will have a statutory right of access to workplaces, including where no union is currently recognised.

Unions will be able to request access to enter the workplace to allow them to meet and support workers, recruit new members and promote collective bargaining.

This will apply to both physical sites and digital channels for those who work remotely.

Employers will need to follow a formal legal process when responding to these access requests, with short timescales for responses and the option for the union to take the employer to court to force access if a voluntary agreement can’t be reached.

Why this matters

This is a significant shift in ‘industrial relations’ between employers and unions. If handled well, a union’s request for access to a workplace can support positive employee relations and improve productivity. Done poorly, it can create legal and reputational risk, create or widen rifts between workforce and management and potentially expose employers to large amounts of legal fees.

In a nutshell here is what you should do now in preparation:

  • Designate a senior responsible person to manage the access requests
  • Ensure your leadership team understands the implications of the new law and is ready to respond when/if such a request is received
  • Have a legal team specialising in trade union relations ready to support you if needed.

Luke Menzies is a leading specialist in trade union law and industrial relations.  He has been dealing successfully with trade union disputes, negotiations and industrial action for almost 30 years, and can bring a wealth of knowledge and practical, pragmatic advice to any trade union issues you may face.  Luke will be happy to have an exploratory call with you on any of these issues.

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