Who must employers let in?
An independent union will be able to make a formal request for in-person or digital access to workers. Employers get 15 working days to respond and 25 to negotiate. A key exception applies below 21 workers.
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Independent trade unions are due to gain a new statutory route to workers in England, Scotland and Wales from 30 October 2026. They will be able to ask an employer formally for in-person workplace access, digital engagement or both.
The government highlighted the reform in its Employer Bulletin on 21 October. At the time of checking, however, the 30 October commencement remained subject to parliamentary approval. Employers should prepare now and check the final code before applying the process.
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The new framework does not allow a union official simply to enter an office, shop or construction site without arrangements. An independent union first sends a formal request. The employer must respond within 15 working days of the request being sent.
The parties then have 25 working days to negotiate terms covering time, place, meeting frequency, digital channels, safety and operational needs. Digital access could include an online meeting facilitated by the employer or an email cascaded to workers on the union’s behalf.
If no agreement is reached, either side can apply to the Central Arbitration Committee. It can decide whether access should occur and on what terms, supervise statutory access agreements and issue financial penalties for non-compliance.
What changes for small employers?
The key threshold is 21 workers across all workplaces combined. The committee cannot impose an access agreement on an employer with fewer than 21 workers. Each branch or shop is not counted separately from the rest of the business.
A union can still approach a smaller employer and the employer can agree access voluntarily. The distinction is that the committee cannot compel that employer to enter an agreement under the new procedure.
What will workers gain?
Union representatives will be able to explain membership, hear workers’ concerns and discuss employment issues in person or through digital channels. Existing workplace representatives are also due to receive stronger rights from 30 October to reasonable paid time off for their duties and reasonable facilities.
Employers can continue to account for safety, confidentiality, service continuity and working time. Those matters should be written into the agreement; they do not provide a blanket refusal where the committee decides on a different arrangement.
Two more dates for employers
From 1 January 2027, employers in Great Britain will have to give new workers a standard written statement explaining their right to join a trade union, alongside their written employment particulars.
Workers already employed must receive the statement by 5 April 2027. It can be given directly by email, post or in person, or placed in a continuously accessible handbook or intranet after workers are told where to find it. The statement or reminder must then be repeated annually by 5 April.
The government expects to put the exact content and detailed requirements into secondary legislation in November 2026. Employers should gather recognised union and contact information now but wait for the official wording before finalising their notice.
What should employers do now?
- Count workers across every Great Britain workplace to determine whether the business reaches 21.
- Assign a monitored email address and responsible person for requests: the 15-day period begins when a request is sent, not when a director notices it.
- Identify suitable meeting space, time and digital channels that protect safety and operations.
- Brief site managers so a formal request is not ignored or dealt with verbally at reception.
- After final approval, check the code and retain the date of every request, response and negotiation step.
Coverage: the changes apply in England, Scotland and Wales. Trade union law is devolved in Northern Ireland, so this timetable and process do not apply there.
Sources: the Employer Bulletin published on 21 October 2026, the official trade union reform guide and the draft code laid before Parliament. Checked on 22 October 2026.
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