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Compliance38 min read

Trade Union Right of Access from 30 October 2026: What HR Must Do When a Request Arrives

By Dr Ikram HasanReviewed by Md Lutfur Rahman, FCILEx, Founder and Managing Director, WPC Group

Published 21 October 2026

Trade Union Right of Access: What HR Must Do and When – 3D icon of a visitor pass on a lanyard beside an hourglass

Key Takeaways

  • From 30 October 2026, an independent union can formally request access to any employer with 21 or more workers. Section 59 of the Employment Rights Act 2025 is commenced on that date by SI 2026/1065, and the detailed rules in the Trade Unions (Right to Access Workplaces) Regulations 2026 (SI 2026/1101, made 15 October 2026) take effect the same day. Access can be physical entry, digital communication or both.
  • You are exempt only if both your headcount today and your 13-week average are below 21. Regulation 7 of SI 2026/1101 looks at the day the request arrives and the 13 weeks ending that day, and associated employers count towards both figures. An employer with 18 workers today and a 13-week average of 23 is in scope, despite HMRC's one-line summary. Count workers, not just employees: casual and zero-hours staff are included.
  • You have 15 working days to respond, counted from the day the request is delivered. That is not the day it reaches HR. A request is validly delivered by post to your registered office, head office or principal place of business, or by email to an address you gave the union (or, if you gave none, one you have published). Name the person who receives requests before 30 October 2026.
  • If you miss the 15-day deadline, the union can apply straight to the Central Arbitration Committee. You lose the 25-working-day negotiation stage, and the CAC decides whether access takes place and on what terms, working from the union's proposal. The union has until the end of the 55th working day after its request to apply, or the 70th where the CAC accepts an earlier application was not reasonably practicable.
  • Your response can disagree, but it must say exactly what you reject and why. Regulation 4 of SI 2026/756 lists the required contents. Every response names a negotiator and says whether you agree in whole or part. Where you agree, you add site contacts, worker categories and numbers and suitable times. Where you disagree, you give your reasons.
  • Expect weekly access, two working days' notice of each visit and five before the first. The CAC must accept those terms as reasonable, together with use of your existing facilities, private communications between workers and officials, and the union following your reasonable instructions (regs 17 to 24). An agreement lasts no more than two years unless both sides agree to extend it, and offering digital access is no reason to refuse physical access, or the other way round.
  • The union gets no staff contact details without each worker's consent. Section 70ZL of the 1992 Act means nothing in the access regime can require or authorise disclosing personal data without consent, so digital access usually means you pass the union's messages on through your own channels, as a stand-alone communication.
  • Repeated breaches of an access agreement can cost up to £75,000, then £150,000, then £500,000 per order. A fine is possible only after a first complaint has been upheld and there is a further breach within 12 months, or a breach of the CAC's order at any time, but each missed visit can be a separate complaint and there is no cap on the number of £500,000 orders (reg 25).
  • Access during a statutory recognition application is a separate regime with a tighter timetable. For applications the CAC receives from 30 October 2026, access must be agreed within 20 working days of acceptance, the bargaining unit is frozen at the day the application is received, and you must give the CAC each worker's name, date of birth and category within 5 working days.
  • WPC HR's HR compliance software keeps the records this process runs on. Our HR compliance software holds the dated headcount history behind the 13-week average, a log of every access request and its working-day deadlines, and the evidence you would put before the CAC.

Introduction

From 30 October 2026, an independent trade union can send any employer with 21 or more workers a formal request to meet staff at the workplace, to communicate with them digitally, or both. The employer has 15 working days to answer. If the two sides cannot agree terms, the Central Arbitration Committee (CAC) can decide that access takes place and on what terms, and repeated breaches of the resulting agreement can lead to fines of up to £500,000 a time.

This guide answers two questions in the order HR teams will meet them. First, does the right apply to you? The answer turns on a two-part headcount test that most summaries, including HMRC's October 2026 employer bulletin, cut down to a single line. Second, if a request lands, what must you do and by when? We set out the working-day deadlines, what a valid request and response must contain, what an access agreement will look like, when the CAC must or may refuse access, and how it enforces an agreement.

Everything in the main body is confirmed law. The detailed rules are in the Trade Unions (Right to Access Workplaces) Regulations 2026, made on 15 October 2026, and the Required Information Regulations (SI 2026/756), made on 6 July 2026. Both come into force on 30 October 2026, as does the statutory code of practice. Many commentaries were written while these instruments were still drafts, so where you have read something different, check its date. The one related document that was still awaiting approval when we checked on 21 October 2026 is the revised code on access during recognition ballots, and we say so where it matters.

The general right of access is not the same thing as access during a statutory recognition application, which runs to its own timetable under Schedule A1 to the 1992 Act. We keep the two apart and give the recognition regime a section of its own. For the other Employment Rights Act 2025 changes that take effect on 30 October 2026, see our Employment Rights Act timeline.

Where the Law Stands on 21 October 2026

The right itself is in section 59 of the Employment Rights Act 2025, which inserts a new Chapter 5ZA (sections 70ZA to 70ZN) into the Trade Union and Labour Relations (Consolidation) Act 1992. The Commencement No. 6 Regulations (SI 2026/1065), made on 1 October 2026, bring it into force on 30 October 2026. The detail is spread across several instruments. We checked each one on legislation.gov.uk on 21 October 2026.

InstrumentWhat it doesStatus on 21 October 2026
Employment Rights Act 2025, s.59 (Chapter 5ZA of the 1992 Act)Creates the right: access requests, response notices, negotiated agreements, CAC determinations, enforcementConfirmed. In force 30 October 2026 (SI 2026/1065, reg 3(e))
Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026, SI 2026/756Form, content and delivery of requests and response notices; notifying the CAC of an agreement, a variation or a revocationConfirmed. Made 6 July 2026, in force 30 October 2026
Trade Unions (Right to Access Workplaces) Regulations 2026, SI 2026/1101Working-day deadlines, the 21-worker test, refusal grounds, model terms, maximum finesConfirmed. Made 15 October 2026, in force 30 October 2026
Code of Practice: Right of trade unions to access workplacesPractical guidance; admissible in evidence before the CAC, tribunals and courts (s.207 of the 1992 Act)Confirmed. Approved by the Commons on 9 September and the Lords on 14 October 2026; in effect 30 October 2026 (SI 2026/1103)
Revised Acas Code of Practice on time off for trade union duties and activitiesTime off and facilities for union representativesConfirmed. In effect 30 October 2026 (SI 2026/1104, made 19 October 2026)
Revised Code of Practice on access and unfair practices during recognition and derecognitionAccess and conduct during a statutory recognition applicationNot confirmed. Laid in draft on 6 July 2026; no order bringing it into effect published on legislation.gov.uk

Official summaries have not caught up. HMRC's October 2026 employer bulletin, published on 21 October 2026, still describes the Acas time off code and the industrial action detriment rules as subject to parliamentary approval, and the government's business guidance says the same of the access code. All three have since been approved and their commencing instruments made. The Protection Against Detriment (Industrial Action) Regulations 2026 (SI 2026/1099), made on 15 October 2026, also take effect on 30 October 2026, as does the strengthened sexual harassment duty.

Does the Right of Access Apply to You? The 21-Worker Test

The CAC must refuse access if the employer is small enough. Regulation 7 of SI 2026/1101 sets the test, and it has two limbs. You are outside the right only if both of these are true:

  • you employ fewer than 21 workers on the day you receive the access request, and
  • you employed an average of fewer than 21 workers in the 13 weeks ending with that day.

Associated employers count towards both figures. HMRC's bulletin says employers that employ "fewer than 21 workers across all of their workplaces" are exempt. That drops the 13-week average and the group rule. Fail either limb and the right applies.

How the 13-Week Average Is Worked Out

Regulation 7(2) prescribes the arithmetic. Take the number of workers employed in each of the 13 weeks, counting anyone employed for only part of a week, add the 13 figures together and divide by 13. Because both limbs must be under 21, the test works differently in each direction. A business that grows past 20 is in scope from the first day its headcount reaches 21. A business that shrinks below 21 stays in scope until its 13-week average also falls below 21, which after a seasonal peak can take weeks.

The count runs backwards from the day the request is received, so you cannot work it out once and file it. You need a weekly headcount record, held now, that will produce the figure for whatever day a request arrives.

Who Counts as a Worker

"Worker" has its meaning under section 296 of the 1992 Act: anyone working under a contract of employment, plus anyone who has agreed to do or perform work personally for another party who is not their professional client. That takes in casual, bank, zero-hours and many freelance staff, not only employees on the payroll. Genuinely self-employed contractors running their own business, for whom you are a client, are not counted.

Associated Employers, Overseas Companies, Ships and Agency Workers

Associated employers. Under section 297 of the 1992 Act, two employers are associated if one is a company controlled (directly or indirectly) by the other, or if both are companies controlled by the same third person. That third person can be an individual, so two companies owned by the same person count together. The code of practice gives the obvious example: an employer of fewer than 21 that sits within a wider company employing 21 or more is in scope, and a union can ask for access to a group of fewer than 21 workers if their employer has 21 or more.

Overseas companies. Workers employed by an associated company incorporated outside Great Britain are ignored, unless they ordinarily worked in Great Britain on the day of the request (for the daily count) or during any part of the week in question (for the average). Regulations 7(3) and 7(4) make this rule.

Ships. For the overseas rule only, a worker on a ship on the UK register is treated as ordinarily working in Great Britain unless the ship's home port is outside Great Britain, the employment is wholly outside Great Britain, or the worker is not ordinarily resident here (reg 7(5)).

Agency workers. An agency worker whose contract with the temporary work agency is not a contract of employment is treated, for the count, as employed by the agency for the length of the assignment (regs 7(6) and 7(7)). On that wording, agency workers count towards the agency's headcount rather than the hirer's. The code of practice does not discuss the point, so if agency staff decide which side of 21 you fall, take advice before you rely on it.

Worked Examples

EmployerWorkers on the request day13-week averageResult
Seaside café after a busy summer season1823Not exempt. The average limb fails, so the right applies
Office that has just finished a hiring round2419Not exempt. The daily limb fails
Two restaurants run as separate companies by the same owner, with 12 and 14 workers26 combined25 combinedNot exempt. Associated employers are counted together
UK subsidiary with 15 workers; parent company incorporated in the UAE with 300 staff, none working in Great Britain1515Exempt. The parent's overseas staff are ignored
The same subsidiary, but 8 of the parent's staff ordinarily work in Great Britain2323Not exempt. Those 8 count
Warehouse with 16 workers of its own and 9 agency pickers on assignment1616Probably exempt, but unclear. Reg 7(7) treats the pickers as employed by the agency for the assignment. Take advice before relying on it

What Exemption Does and Does Not Do

Exemption is a ground on which the CAC must refuse an application. It does not stop a union sending you a request, and nothing in the rules lets you ignore one. Reply within the 15 working days, say that regulation 7 applies and set out the two figures. If you say nothing, the union can go to the CAC and you will be proving your headcount there instead.

Two further limits are worth knowing. The 21-worker threshold applies only to the statutory process, so access you agree voluntarily outside it is unaffected, and the code encourages existing voluntary arrangements to continue. And the regulations extend to England, Wales and Scotland only, so the right does not reach workplaces in Northern Ireland.

What a Valid Access Request Looks Like

Who Can Send One

Only a qualifying trade union, meaning one with a certificate of independence (section 70ZA(3)), and the request must enclose a copy of that certificate. Two or more unions can make a joint request. The union does not need any members at your workplace. The access purposes are to meet, support, represent, recruit or organise workers, whether or not they are union members, and to facilitate collective bargaining. They expressly exclude organising industrial action (section 70ZA(6) and (7)).

What the Request Must Contain

Regulation 3 of SI 2026/756 requires the request to be in writing, dated, and to contain:

  • the name and contact details of the official giving the request, and of at least one official authorised to negotiate
  • a statement that the request is made under section 70ZB(1) of the Trade Union and Labour Relations (Consolidation) Act 1992
  • the access purposes, and a general description of the workers concerned, so far as the union knows
  • whether access is sought on one or more occasions, whether it is physical, digital or both, a description of it and the reasons for it
  • for physical entry, a description of each workplace sufficient for you to identify it
  • any assistance asked of you, and the frequency and duration of each occasion of access
  • the official who would be responsible for the access, and the notice the union intends to give before each occasion
  • for a repeat request, the date of the earlier request and a copy of any terms already agreed (your response to a repeat request accepting those terms can be shorter, under reg 4(4) and (5))

The code of practice includes a template that follows this list, although a union does not have to use it. The code also says that minor clerical or administrative errors should not be treated as a reason to reject a request, and that the two sides should correct them together. A request can cover several of your premises at once.

Where It Can Be Delivered, and When the Clock Starts

A request is validly given if it is sent by post or delivered in person to your registered office, head office or principal place of business, or emailed to an address you have given the union. Where you have given no address, it can go to any email address you make publicly available for communications with you. The code says the 15 working days run from the day the request is given, not from when it is passed to the right person or team.

That creates two practical risks. If your registered office is your accountant's or a company formation agent's address, a letter can sit there for days. And a request emailed to a general enquiries inbox can be missed altogether. The code says employers should make every effort to give unions an email address, and encourages them to publish contact details on their website. Do that before 30 October 2026, and make sure post to your registered office is opened and forwarded the same day.

The Deadlines: 15, 25 and 55 Working Days

A working day is any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday (reg 2). Bank holidays differ between England and Wales and Scotland, so the same request can produce different end dates. Each period ends at the end of its last working day. The example below assumes a request given on Monday 2 November 2026 to an employer in England.

StageRuleSourceExample: request given Monday 2 November 2026
Employer's response noticeBy the end of the 15th working day after the day the request is givenSI 2026/1101 reg 3Monday 23 November 2026
NegotiationEnds at the end of the 25th working day after the day the response notice is givenReg 4Wednesday 30 December 2026 if you respond on 23 November; Friday 18 December 2026 if you respond on 13 November
Application to the CAC (by the union if you did not respond; by either side if talks fail)By the end of the 55th working day after the day the request is givenReg 5(2)Thursday 21 January 2027 (Monday 25 January 2027 in Scotland)
Late application to the CACBy the end of the 70th working day, only if the CAC is satisfied an earlier application was not reasonably practicableReg 5(3)Thursday 11 February 2027 (Monday 15 February 2027 in Scotland)
First access after a CAC decisionNot during the period running to the end of the 5th working day after the CAC's determinationReg 10Determination on Monday 1 February 2027: first access Tuesday 9 February 2027 at the earliest

The negotiation period runs from your response, but the CAC deadline runs from the request, so the two clocks do not move together. If talks are going well when the 25 working days run out, the code says there is no need to apply to the CAC. You can keep talking and, once terms are agreed, the union sends them back as a repeat request, which restarts the statutory timetable. The code also allows the two sides to agree a longer response period, provided they agree its length. Put any such agreement in writing.

What a Missed Response Means in Practice

Suppose the request above reaches your registered office on 2 November 2026, your accountant forwards it on 20 November, and HR has one working day left. If no response notice goes out by the end of 23 November, section 70ZE(1)(a) lets the union apply to the CAC at once. Several things follow:

  • You lose the negotiation stage. A negotiated statutory agreement requires a response notice within the response period (section 70ZD(1)(b)), so the first forum for your objections becomes the CAC.
  • The CAC works from the union's proposal. The code asks the union to give the CAC its original request and its latest proposal, and the CAC decides in line with the access principles, which carry a presumption in favour of access.
  • Model terms count against you. Regulations 17 to 24 require the CAC to accept weekly access, the standard notice periods, use of existing facilities, private communications and reasonable instructions as appropriate terms, so a determination is likely to look like the union's request.
  • There is no fine for a late response in itself. Fines arise only from breaching an access agreement. The cost of missing the deadline is losing control of the terms.

Missing the deadline does not remove the 21-worker exemption or the other refusal grounds. You can still raise them before the CAC, but you will be doing so on the union's timetable.

Writing the Response Notice

Regulation 4 of SI 2026/756 requires the response notice to be in writing, dated, and sent to the contact details of the official who gave the request. It must contain:

  • your name and contact details (or those of a representative), the name and contact details of at least one person authorised to negotiate for you, and a statement that the notice is given under section 70ZB(4) of the 1992 Act
  • whether you agree or disagree with the request, in whole or in part
  • where you agree, even in part: a named contact responsible for access at each workplace, the categories and approximate numbers of workers covered, confirmation of the address and location of each workplace and the times likely to suit physical access, and whether you can give any assistance
  • where you disagree: which part you disagree with and why, and, if you are refusing because another union has already asked for access to substantially the same workers and you are negotiating or have negotiated with it, confirmation of that and details of the other union

The code expects more than the minimum. If you think a term would unreasonably interfere with your business, or would need unreasonable steps from you, say how in the response. Raise any security, safeguarding or health and safety concerns here too, because the code expects them to be on the table from the start. A response that disagrees is perfectly valid. A response that disagrees without reasons simply invites a CAC application.

What an Access Agreement Contains

A statutory access agreement is made in one of two ways. Either you and the union agree terms in writing within the negotiation period and notify the CAC jointly, in a dated notice signed by both sides with a copy of the agreement attached, or the CAC makes a determination and an agreement on its terms is treated as made. Either way, the agreement is not a legally enforceable contract. It can be enforced only through complaints to the CAC (section 70ZK), and the parties can vary or revoke it only by written agreement notified jointly to the CAC (section 70ZG), although the CAC can also vary it on a complaint.

Physical and Digital Access: Offering One Does Not Justify Refusing the Other

Two of the access principles in section 70ZF(2) say that physical entry should not be refused solely because digital communication is permitted, and that digital communication should not be refused solely because physical entry is permitted. The code puts it plainly: digital access is not an alternative or replacement for physical access. A union can ask for either or both.

Digital access can take several forms. You might cascade the union's messages through your usual channels (email, intranet, staff messaging apps), in which case the code says the message should be sent as a stand-alone communication rather than buried in another update, with the union copied in. You might set up an online meeting on your existing platform for a presentation and questions. Unions use their own IT for direct contact and are not given access to your systems. The code also says it is reasonable for the CAC to refuse a request that would need significant structural or IT changes to your premises or systems. Note too that simply cascading an email does not count as an occasion of weekly access unless that is the access the union asked for.

The Terms the CAC Must Treat as Reasonable

Regulations 17 to 24 of SI 2026/1101 prescribe terms that the CAC must regard as reasonable. They are not compulsory, but a union request that follows them is more likely to be granted and, under the code, more likely to go to a single CAC member rather than a three-person panel, which speeds things up.

TermWhat the regulations sayRegWhat it means for HR
FrequencyWeekly access does not unreasonably interfere with your business. A week must include at least four working days. Where both types are agreed, the agreement may let the union choose physical or digital each week17, 18Expect weekly access to each workplace covered as the default request. You can agree an averaged pattern, such as up to four occasions a month, if it suits your operations better
NoticeAt least two working days' notice before each occasion, five working days before the first. Where both types are agreed, the notice must say which is planned22, 23A notice inbox and someone to host each visit
FacilitiesYou make available existing accommodation and facilities as is reasonable in all the circumstances19, 20A meeting room, break area or canteen, or an online meeting room. No new building works or IT changes
PrivacySo far as reasonably practicable, you ensure direct communications between workers and officials are private19, 21Managers attend only if the union invites them; tell the union about CCTV; no recording or attendance tracking of online meetings, and no tracking of who opens union emails
InstructionsOfficials must comply with all reasonable instructions you give, which may include providing identification22, 24Sign-in, site safety inductions and ID. The code says a DBS check will not be needed in most cases where officials have no contact with children or vulnerable adults
Duration (a must-refuse rule, not a model term)The CAC must refuse a proposed agreement that does not expire within two years of being made or treated as made, unless both sides agree an extension11Diary the expiry date when you sign

Staff Contact Details and Personal Data

Section 70ZL of the 1992 Act says nothing in the access regime requires or authorises a disclosure of personal data without the consent of the person concerned, or any disclosure that would breach data protection law. A term that would require one has no effect, and the CAC cannot impose one. "Consent" carries its UK GDPR meaning.

The code spells out what that means in practice. For a union to contact workers directly, without you acting as the go-between, each worker must have consented to you sharing their contact details, or must have contacted the union themselves. Indirect digital access, such as you cascading a union email or posting on the intranet, needs no consent because no personal data passes to the union. Once a worker has given their details to the union, the union can contact them outside the agreement. Never hand over a staff list in response to an access request. Cascade the message instead. The same section also gives no authority for physical entry into anyone's home.

Where and When Access Takes Place

The code expects access at the workplace where the workers actually work, in a meeting room, an adjoining work area or wherever they usually take breaks. Its examples include canteens in food businesses, staff rooms and communal areas in hospitals and care homes, the start of shifts and toolbox talks on construction sites, and depots at the start of shifts in transport. Private homes are outside the right, but the code is clear that the mixed residential and working nature of a care home is not in itself a reason to refuse access to the staff. Care providers should read that alongside our care sector compliance guide.

Access should usually happen in normal working hours, at times that minimise unreasonable interference with the business, and you should not arrange work so that staff cannot attend. The code says workers who attend an access meeting during work time should be paid in full for that time. Unions should be able to reach shift workers, part-time staff, homeworkers and people on leave on a broadly equivalent basis, although you are not expected to pay their travel costs.

Where your staff work on premises you do not control, such as security officers at a client's site or a shop unit in a shopping centre, you are expected to take reasonable steps to secure the cooperation of the owner. The CAC must have regard to whether you have done so (reg 16(d)), and a third party that obstructs access under an agreement can itself be the subject of a complaint. Existing protections against detriment and inducements linked to union activity, in sections 145A, 145B and 146 of the 1992 Act, apply throughout.

When the CAC Must Refuse Access, and When Refusal Is Reasonable

The starting point is a presumption in favour of access. Under section 70ZF(2)(e), access should be refused entirely only where that is reasonable in all the circumstances. SI 2026/1101 then sets out two lists: grounds on which the CAC must refuse, and grounds on which refusal is to be regarded as reasonable.

GroundRegEffectWhat it means
Fewer than 21 workers on the request day and on the 13-week average, counting associated employers7Must refuseBoth limbs must be met. See the worked examples above
Necessary in the interests of national security8Must refuseThe code expects employers with high-security sites to be able to facilitate physical access in almost all cases, for example in visitor rooms
Necessary for the prevention, detection or prosecution of criminal offences9Must refuseNarrow. Raise it in your response if it applies
The proposed agreement allows access within five working days of the CAC's decision, or provides for both types without saying whether the first occasion is physical10Must refuseA drafting point the union must get right
The proposed agreement does not expire within two years (unless extended by agreement)11Must refuseAs above
Overlap: you recognise another independent union for at least one of the same workers, a valid statutory recognition request that can still progress covers them, or an existing access agreement already covers them13Reasonable to refuseThe CAC can still grant access for the workers outside the overlap
Another access request covering at least one of the same workers is still outstanding14Reasonable to refuseThe code says it is reasonable to refuse both. This can apply whichever unions made the requests
Access might jeopardise the health or safety of any person15Reasonable to refuseThe code expects this to apply only in very limited cases

When it considers an application, the CAC must also have regard to your existing arrangements for visitors, the type of workplace, whether the agreement needs safeguarding provisions, and, where a third party's cooperation is needed, whether you have contacted it and taken reasonable steps to secure that cooperation (reg 16). Put each of these points in your response notice. Raising them early gives the union the chance to address them in negotiation, and shows the CAC you engaged with the request.

Enforcement: Complaints, Orders and Fines of up to £500,000

Enforcement runs through the Central Arbitration Committee in two steps. First, either party can complain that the other has breached the agreement, or that a third party has prevented access, within three months of the matter complained of (section 70ZH). The CAC can vary the agreement, declare the complaint well founded and order steps to put access back on track.

Second, if within 12 months of that declaration the same conduct happens again or the agreement is breached again, or if the CAC's order is breached at any time, a further complaint can be made, again within three months (section 70ZI). On that further complaint the CAC can order a payment. Regulation 25 caps the amount per order in relation to the same agreement:

  • up to £75,000 for the first order
  • up to £150,000 for the second order
  • up to £500,000 for the third and every later order

The code adds two points that raise the real exposure. Each missed occasion of access can be a separate complaint, so obstructing three weekly visits in a row can produce three penalty orders moving up the scale. And breaches at different sites under one agreement are counted together, so an employer with many sites could face penalties above £500,000 in a single week. There is no limit on the number of £500,000 orders.

Under regulation 26, the CAC must have regard to the gravity of the failure, how long it lasted, the reason for it, the number of workers affected, the size and resources of the person concerned, and any previous failures to comply with an access agreement. The code distinguishes deliberate obstruction, which it calls a very serious breach, from negligence or genuine error. Payment orders can be enforced as if made by a court and the CAC can publish them. Appeals on points of law go to the Employment Appeal Tribunal, and a person ordered to pay can also appeal against the payment order itself, which the tribunal can quash or reduce.

Records decide these cases. On a complaint, the CAC can draw an adverse inference if you fail to provide information or documents it reasonably asks for (section 70ZK(5)), so a log showing when notice arrived, who hosted each visit and what was cascaded is your defence. It is the same lesson as in our post on what HR teams must be able to prove: an employer with no paperwork is judged on the other side's account.

Access During a Recognition Application Is a Separate Regime

When a union applies to the CAC for statutory recognition, a different set of access rules applies, under Schedule A1 to the 1992 Act as amended by Schedule 6 to the Employment Rights Act 2025. SI 2026/1065 commences the remaining Schedule 6 changes on 30 October 2026, but regulation 4 keeps the old rules for any recognition application the CAC received before that date. The two regimes can run side by side, and an outstanding statutory recognition request is one of the grounds on which the CAC may refuse a general access application (reg 13).

FeatureGeneral right of access (Chapter 5ZA, SI 2026/1101)Access during recognition (Schedule A1, as amended)
TriggerThe union sends you an access requestThe CAC accepts the union's recognition application
Timetable15 working days to respond, then 25 to negotiate; CAC application by the 55th working day after the requestThe union asks for access within 5 working days of acceptance; access to be agreed within 20 working days of acceptance; if not, the CAC decides within 10 working days
Purpose of accessMeet, support, represent, recruit or organise workers; facilitate collective bargainingInform workers about the application and any ballot, and seek their support and opinions
Small employersCAC must refuse below 21 workers on both limbsStatutory recognition applies only where the employer has at least 21 workers
Personal dataNo disclosure without the worker's consentNo disclosure except to a person the CAC appoints to handle communications or run the ballot
Sanction for non-complianceOrders, then fines of up to £75,000, £150,000 and £500,000Orders, and if the employer breaches an order the CAC may declare the union recognised
Code of practiceAccess code in effect from 30 October 2026 (SI 2026/1103)Revised code laid in draft on 6 July 2026 and not confirmed on 21 October 2026; the 2005 code applies until it is

Five other changes apply to recognition applications received from 30 October 2026:

  • The worker list. Within 5 working days of the CAC's notice that it has received the application, you must give the CAC each relevant worker's name, date of birth and category of worker, so far as reasonable. If you then fail to comply with a CAC order to remedy the failure, the CAC may declare the union recognised once the bargaining unit is settled and the application has not been found invalid (Schedule A1 paragraphs 13A and 13B).
  • The frozen bargaining unit. Workers who join the bargaining unit after the day the CAC receives the application are disregarded and cannot vote in the ballot. Mass recruitment no longer dilutes the union's support.
  • Earlier unfair practice rules. The duty to avoid unfair practices, such as threats, inducements and offers linked to the outcome, applies from the point the CAC accepts the application rather than only once a ballot is called.
  • Longer to complain. An unfair practice complaint can be made up to the fifth working day after the ballot closes, and the CAC must decide it within 10 working days. The CAC now asks only whether an unfair practice was used, not whether it changed the result.
  • A meeting every five working days. The draft revised recognition code suggests one union meeting of at least 45 minutes for every 5 working days of the access period. Treat that as guidance in waiting until the code is approved.

One discrepancy to clear up. The government's business guidance says the recognition negotiation period is reduced to 15 working days, while HMRC's bulletin and the Act give 20. Both are right. The Act allows 20 working days from acceptance, of which the first 5 are for the union to ask for access, which leaves around 15 for negotiation.

Stronger Time Off and Facilities for Union Representatives

From 30 October 2026, sections 64 and 65 of the Employment Rights Act 2025 strengthen the position of workplace representatives in unions you recognise, and the revised Acas code on time off comes into effect the same day. Union officials and union learning representatives who take time off can ask for reasonable accommodation and other facilities, and can bring a tribunal claim if these are refused. On a claim about time off, it is now for you to show that the amount of time the representative proposed was not reasonable.

Union equality representatives get a statutory right to reasonable paid time off for equality work and training, plus facilities. The union must notify you in writing and the training condition must be met. Under regulation 8 of SI 2026/1065, an existing equality representative who, immediately before 30 October 2026, had carried out the role continuously for six months or more, having been appointed or elected under union rules, is treated as already meeting both conditions. Failures to allow time off that happened before 30 October 2026 are judged under the old rules and the previous code.

What HR Should Have Ready Before 30 October 2026

The right goes live on Friday 30 October 2026. The 15 working days do not wait for you to find a process, so put these in place now:

  • A weekly headcount record. Count workers, not just employees, across every associated company, including anyone employed for part of a week, so you can produce both the daily figure and the 13-week average on the day a request lands. Back-fill the 13 weeks from payroll and rotas now.
  • A named person, and a deputy, who receive and answer access requests. Tell reception, the post room and whoever handles your registered office mail. Give unions an email address for requests and publish contact details on your website, as the code encourages.
  • A response template. Build it around regulation 4 of SI 2026/756 or use the template in the code. Pre-fill your entity details, negotiator and site contacts.
  • A request log with working-day deadlines. Record the date and method each request was given, the union and its certificate of independence, day 15, the end of the negotiation period, and days 55 and 70. Keep copies of every request, response and agreement.
  • A briefing for line managers and site managers. What a request looks like and that it must be forwarded the same day; no turning officials away at the door once an agreement is in place; no attending meetings uninvited; no questioning staff about what was said; no penalties or inducements linked to attendance; and paying staff who attend in work time.
  • Digital access channels, for multi-site and hybrid employers. Map the channels you use to reach staff, decide who cascades union messages and how quickly, switch off read tracking for those messages, and list sites where a landlord or client controls entry.
  • Written visitor, safety and safeguarding rules. The CAC looks at your existing visitor arrangements, so have them on paper before anyone asks.

Keep every access agreement on file for one more reason: the government says the statement of trade union rights, which new workers must receive with their written statement of particulars from 1 January 2027 and existing workers by 5 April 2027, will list any union you have a statutory access agreement with, although both dates are announced only, with no regulations yet and detailed guidance expected in November 2026.

How Can WPC HR Help?

WPC HR is the HR-tech arm of WorkPermitCloud Ltd, providing HR compliance software and sponsor licence compliance audits for UK employers, and its software keeps the headcount history, request log and working-day deadlines that HR teams need to answer a trade union access request correctly and on time. Our HR compliance software holds dated worker records, so the 13-week average is a report rather than a scramble through old rotas, and it keeps every request, response and deadline in one log you can put in front of the CAC if a dispute ever reaches it. You can see our pricing for the platform.

If you also hold a sponsor licence, our sponsor licence compliance audit reviews the HR records and processes the Home Office expects you to keep, and it is a sensible moment to check that your access-request process, headcount records and manager briefing are in place too.

Get in touch with our team via our contact page.
📞 Call us: 020 8087 2343
📧 Email: info@workpermitcloud.co.uk
📅 Book a free compliance audit: wpchr.co.uk/sponsor-licence-compliance-audit
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Conclusion

The trade union right of access is confirmed law from 30 October 2026, and its detail is now settled in SI 2026/1101, SI 2026/756 and an approved code of practice. For most employers the first question is the headcount test. It has two limbs, the 13-week average catches businesses that think they are too small, and associated companies count. If you are in scope, the second question is speed: 15 working days from the day a request reaches your registered office or a published inbox, whoever opens it.

A well-run process is not hard to build. Know your numbers, name who answers, use a response that covers every required item, and keep a log of everything that follows. The employers who end up with terms they dislike will mostly be the ones who let the response deadline pass and left the CAC to decide.

Glossary

TermDefinition
AccessPhysical entry into a workplace, or communication with workers by any means, directly or indirectly, for the access purposes.
Access agreementA statutory agreement between a qualifying trade union and an employer for access, either negotiated and notified jointly to the CAC or treated as made by a CAC determination.
Access purposesMeeting, supporting, representing, recruiting or organising workers, and facilitating collective bargaining. Organising industrial action is excluded.
Access requestA union's formal written request for access under section 70ZB(1) of the 1992 Act, in the form SI 2026/756 prescribes.
AcasThe Advisory, Conciliation and Arbitration Service, which issues the code of practice on time off for trade union duties and offers conciliation.
Associated employersTwo employers where one is a company controlled by the other, or both are companies controlled by the same third person (section 297 of the 1992 Act).
Bargaining unitThe group of workers a union seeks to represent in collective bargaining in a recognition application.
Central Arbitration Committee (CAC)The independent body that decides statutory access and recognition disputes and enforces access agreements.
Certificate of independenceA certificate showing a union is independent of employer control. Only a union holding one can make an access request.
Code of practiceStatutory guidance that imposes no legal obligation itself but must be taken into account by the CAC, tribunals and courts where relevant.
Digital accessAccess by means other than physical entry, such as an employer cascading union messages or hosting an online meeting.
Employment Appeal TribunalThe court that hears appeals on points of law from the CAC, including appeals against payment orders.
Equality representativeA union representative appointed or elected to promote equality at work, with a statutory right to paid time off from 30 October 2026.
Model termsThe terms in regulations 17 to 24 of SI 2026/1101 that the CAC must treat as reasonable.
Negotiation periodThe 25 working days after the employer's response notice in which the parties try to agree terms.
Qualifying trade unionA trade union holding a certificate of independence (section 70ZA(3) of the 1992 Act).
Response noticeThe employer's formal written reply to an access request under section 70ZB(4), due within 15 working days.
Schedule A1The part of the 1992 Act that governs statutory recognition and derecognition of trade unions.
Statutory recognitionRecognition of a union for collective bargaining ordered through the CAC process in Schedule A1.
Union learning representativeA union representative who advises members on training and learning, with time off rights under section 168A of the 1992 Act.
WorkerAnyone working under a contract of employment or personally performing work for someone who is not their professional client (section 296 of the 1992 Act).
Working dayAny day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday.
1992 ActThe Trade Union and Labour Relations (Consolidation) Act 1992, into which the access right is inserted as Chapter 5ZA.

FAQ

Frequently asked questions

  • Only if they fail the two-part test. The CAC must refuse access where the employer, counted together with any associated employers, has fewer than 21 workers on the day it receives the request and an average of fewer than 21 over the 13 weeks ending that day. If either figure is 21 or more, the right applies. Casual and zero-hours workers count, not only employees.

  • On 30 October 2026. Section 59 of the Employment Rights Act 2025 is commenced on that date by SI 2026/1065, and the Trade Unions (Right to Access Workplaces) Regulations 2026, the Required Information Regulations 2026 and the statutory code of practice all take effect the same day.

  • Until the end of the 15th working day after the day the request is given. The clock starts when the request is delivered to your registered office, head office or principal place of business, or to an email address you gave the union (or a published one, if you gave none), not when it reaches HR. If you miss the deadline, the union can apply straight to the CAC.

  • You can disagree with all or part of a request in your response notice, giving reasons. Whether access actually happens is then decided by agreement or, failing that, by the CAC. The CAC must refuse in a few cases, such as the 21-worker exemption or national security, and may refuse in others, such as where you already recognise another union for the same workers. Otherwise there is a presumption in favour of access.

  • No. The access purposes include recruiting and organising workers whether or not they are union members, and neither the Act nor SI 2026/1101 sets a membership threshold. The union must, however, hold a certificate of independence and enclose a copy with its request.

  • No. Under section 70ZL of the 1992 Act, nothing in the access regime can require you to disclose personal data without the worker's consent, a term requiring it has no effect, and the CAC cannot order one. For digital access you can cascade the union's messages through your own channels instead. A union can contact a worker directly only if that worker has consented to their details being shared or has contacted the union themselves.

  • The code of practice says workers who attend an access meeting during work time should be paid in full for that time, and that access should usually take place during working hours. The code is not itself legally binding, but the CAC, tribunals and courts must take it into account where relevant.

  • Only if the union invites them. The code says the employer and its representatives must not attend unless invited, must not listen in or press attendees about what was said, and should discuss with the union how CCTV that could record a meeting will be handled. For online meetings, you should not record them or monitor attendance.

  • No. The access purposes in section 70ZA(7) of the 1992 Act expressly exclude organising industrial action, and an access agreement can only be used for the purposes it covers.

  • No more than two years from the date it is made or treated as made. The CAC must refuse an agreement that does not expire within that period. The two sides can agree to extend it, and any variation or revocation must be in writing and notified jointly to the CAC.

  • The union can complain to the CAC within three months. If the complaint is upheld, the CAC can order you to take specified steps. A further breach within 12 months, or a breach of the order, can lead to payment orders of up to £75,000 for the first, £150,000 for the second and £500,000 for each one after that, under the same agreement.

  • Regulation 7(7) of SI 2026/1101 treats an agency worker without an employment contract as employed by the temporary work agency for the length of the assignment. On that wording they count towards the agency's headcount rather than the hiring business's. The code of practice does not address the point, so take advice if your position depends on it.

  • No. SI 2026/1101 and SI 2026/756 extend to England and Wales and Scotland only. Bank holidays also differ between England and Wales and Scotland, which can move the working-day deadlines by a day or more.

  • Yes. Nothing in the Immigration Rules or in Part 3 of the sponsor guidance (version 08/26) restricts a sponsored worker from joining a union or attending access meetings, and the protections against detriment for union membership and activities apply to them as to any other worker. Paid attendance at a meeting during work time does not change their salary. For your wider duties as a sponsor, see our sponsor duties checklist. Our sister firm WorkPermitCloud advises individual workers on their Skilled Worker visa.

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