New Workplace Rules Grant Unions Access to Businesses with Over 20 Employees
Small business owners may be concerned about new regulations giving trade unions the right to visit and speak with workers, but the rules have a key employee threshold.
New regulations set to take effect on October 30, 2026, will grant trade unions the right to visit workplaces and engage with employees. However, these rules apply only to businesses with 21 or more employees, offering a reprieve to smaller firms.
Under the new framework, union representatives must follow a prescribed process to request access and cannot enter a workplace unannounced. Employers will have 15 days to respond to such a request, and if access is denied, a reason must be provided. The Central Arbitration Committee (CAC) can intervene to rule on access requests if an employer does not agree to a union's demands. Access will generally be granted if it does not unreasonably interfere with the employer's business operations, with what constitutes unreasonable interference being determined on a case-by-case basis.
For businesses employing fewer than 21 workers, the CAC cannot impose an access agreement. This threshold applies to all workers, including some contractors and agency staff, not just employees. Additionally, employee counts may be aggregated across associated employers, meaning businesses cannot circumvent the threshold by splitting staff between connected companies. While businesses below this threshold are not compelled to grant statutory access, unions can still request voluntary access, which employers are not obligated to accept.
The new rules stipulate that union access does not permit a permanent presence, either physical or digital, within the workplace. Unions also cannot automatically obtain workers' personal contact details; employees must consent to the sharing of this information for direct contact. Any access arrangements must not unreasonably disrupt business operations and can encompass meetings, advice, recruitment, representation, or collective bargaining.
Significant fines are associated with breaches of statutory access agreements or CAC orders, with penalties ranging from £75,000 for a first offense to £500,000 for subsequent violations. However, these fines do not apply to a refusal of an initial access request by businesses that fall below the 21-employee threshold.
Experts advise employers to maintain accurate records of all personnel, including their employment status, especially if utilizing contractors or agency staff, or operating through connected companies. Employers also retain their existing legal duties to ensure employee health and safety and uphold rights under legislation such as the Equality Act and the Employment Rights Act. Businesses with concerns are encouraged to seek advice from HR consultancies or employment lawyers.