New rights are coming that change how trade unions can engage with your workforce. Here is what is already in place, what is changing, and what you need to do before it lands.
What right do unions already have to communicate with workers?
Trade unions already have defined rights to communicate with your people during a formal recognition process. Once the Central Arbitration Committee (CAC) accepts an application for union recognition, the union can communicate with the affected workers through a suitable independent person appointed by the CAC.
You are obliged to give that independent person the names and home addresses of the relevant workers. From there, if the union asks, the independent person passes on any information the union supplies. The union cannot use this right to recruit members simply to hit the threshold needed to trigger a recognition application in the first place.
Interesting to note that The CAC may declare the union to be recognised without a ballot if more than 50% of the workers in the bargaining unit are members of the union. Applications cannot be accepted where the employer employs a total of fewer than 21 workers.
What access applies if the Central Arbitration Committee orders a ballot?
Where the CAC orders a ballot, whether for recognition, derecognition, or following a change to the bargaining unit, you must allow the union increased access to relevant workers so it can inform them about the ballot and seek their support. This sits alongside the general right of access under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Unions can also send information directly to the person running the ballot, for onward posting to workers at their home address, and you can be required to supply the list of names and addresses that makes this possible.
If you fail or refuse to comply with any of this, the CAC can ultimately declare the union recognised for collective bargaining without a ballot taking place at all. That is a significant outcome, so getting the process right matters.
What is changing under the new right of access?
The Employment Rights Act 2025 goes further. It introduces a new, independent right for trade unions to access workplaces, separate from any recognition or derecognition process. Under the new framework, unions holding a certificate of independence will be able to request access to meet, support, represent, recruit, or organise workers, and to facilitate collective bargaining. Organising industrial action is explicitly excluded.
On 6 July 2026, the Government published its response to the consultation on the draft Code of Practice on trade unions’ right of access, and laid the draft Code before Parliament, alongside the Trade Unions (Right to Access Workplaces) Regulations 2026 and the Required Information Regulations 2026. Together these set out how access requests must be made, how you should respond, and how the CAC will step in if agreement cannot be reached.
Some of the detail employers should have on their radar:
- Employers with fewer than 21 workers fall outside scope, though mixed residential and work settings may still be caught.
- During a recognition campaign, unions must be granted access meetings at least once every five working days, with a minimum meeting length of 45 minutes.
- The Government wants voluntary agreement between employer and union as the starting point, with ACAS on hand to help, before the statutory process kicks in.
- Enforcement will distinguish between serious or deliberate non-compliance and lower-level breaches, with financial penalties attached.
ACAS has responded positively to the draft Code, welcoming the balance it strikes between giving unions genuine access and making sure employers are not asked to take unreasonable steps to provide it. ACAS remains available to help both sides reach a voluntary access agreement, which is very much the preferred route before any formal application to the CAC.
The Government’s timeline confirms these reforms take effect from 30 October 2026, the same date as the ban on fire and rehire practices, the extension to tribunal time limits, and the strengthened duty to prevent sexual harassment.
What is the new duty to tell workers they can join a union?
The Employment Rights Act 2025 also introduces a duty on employers to inform workers of their right to join a trade union. The consultation on how this should work, covering the form, content, delivery, and frequency of the statement, closed on 18 December 2025. The Government’s stated preference is for a standard statement that employer’s issue to employees, with only workplace-specific detail added locally.
This duty also takes effect on 30 October 2026, so it lands on the same day as the new access right. Practically, this means every employer will need a compliant statement ready to issue, and a process for reissuing it at the right point in the employment relationship.
What does this mean for you?
None of this needs to be complicated, but it does need to be ready. Before 30 October 2026, you should:
- Understand whether the new right of access applies to your business, and prepare a clear process for handling any access request you receive.
- Review your approach to voluntary engagement with trade unions, since this is the route the Government and ACAS both want parties to try first.
- Prepare the statement telling workers of their right to join a trade union, and build in a process for reissuing it.
- Brief your managers, so that day-to-day interactions with union representatives are handled consistently and confidently.
How can HRCentral help?
This is exactly the kind of change we exist to help you get ahead of. We will keep reviewing the Code of Practice and supporting regulations as they are finalised, and translate what they mean into practical steps for your business, not just a legal summary.
If you would like to talk through what the new right of access and the duty to inform means for your organisation, get in touch with the team.
