🚨The Employee Relations Landscape is Changing: Are You Ready for Union Access Reform?
- lansburyservices
- Nov 21
- 3 min read
The upcoming Employment Rights Bill is set to fundamentally reshape how businesses engage with trade unions. This isn't just a compliance issue—it's a strategic shift that demands immediate attention. We are closely tracking the details in the 'Make Work Pay: Trade union right of access' consultation. Here is our breakdown of what is changing, what it means for your business, and our strategic advice.
What’s Changing? 🏛️
The government is introducing a statutory right for trade unions to access workplaces, both physically and digitally, for purposes like meeting, supporting, representing, recruiting, and collective bargaining (excluding industrial action). This aims to reduce legislative barriers to collective worker voices.
Formal Access Agreements: Unions will be able to request formal "access agreements" with employers.
Central Arbitration Committee (CAC): If voluntary agreement fails, the CAC can step in to determine whether access should be granted, based on five key principles (e.g., access must not unreasonably interfere with the employer's business).
Strict Timelines: Employers will have a five-day working limit to respond to a request, followed by a 15-day negotiation period before the matter can be referred to the CAC.
Heavy Penalties: The CAC will have the power to impose fines for breaches of access agreements: up to £75,000 for an initial breach and up to £150,000 for repeated breaches.
Small Business Exemption: Employers with fewer than 21 workers are currently proposed to be excluded from the new right of access.
Implementation: These changes are currently expected to apply from October 2026.
What Does It Mean For You? ⚖️
This new framework rebalances the power dynamic and significantly lowers the bar for unions to engage with your employees.
For Businesses with Existing Unions: Expect formal requests to move existing informal arrangements into binding statutory "access agreements." The time for ad-hoc arrangements is ending.
For Non-Unionised Businesses: This is the most significant change. You are now a target for union recruitment. A union no longer needs established recognition to request access to your workforce for organising. Ignoring a request is not an option due to the strict five-day response window.
Risk of High Fines: The introduction of two-tier fines of up to £150k elevates the stakes, turning non-compliance from an operational oversight into a serious financial risk. You must treat these formal requests with the same urgency as a legal claim.
Our Advice for You ✅
Our advice is to be proactive, not reactive. Waiting until a request lands on your desk is too late.
Review Your ER Strategy: If you are non-unionised, understand where your business is vulnerable. Focus on improving internal employee communication, engagement, and representation models to effectively address concerns before they escalate to an external union.
Develop an Access Protocol: Create an internal, pre-approved procedure for how your management team will handle a formal written request. Who responds? What is the standard first response? What is the negotiation mandate? This is essential for meeting the five-day deadline.
Train Your Managers: Managers are the frontline. They need to understand the new law, the purpose of union access, and the legal limits (i.e., not to unreasonably interfere with business). Mismanagement of a simple request can lead to a costly CAC referral.
Prepare for a Model Agreement: The Government is proposing a "model access agreement" (likely including weekly access). Familiarise yourself with the proposed terms to prepare your counter-proposals based on the five access principles that protect your business operations.
We are advising our clients to ensure they are compliant and strategically prepared for October 2026. Don't let this be an unwelcome surprise.
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