Trade Unions - Key Changes And Actions For Employers

The most recent webinar in our Employment Rights Act 2025 series was on 'Trade unions – key changes and actions for employers' in which we discussed the new right for trade unions to access workplaces and the new duty on employers to provide workers with a statement of trade union rights.

Here we answer some of the questions which arose during the session.

Do we know when the new statutory framework will come into force?

In terms of the access framework, this is anticipated to come into force on 30 October 2026. Draft legislation and a draft Code of Practice have been laid before Parliament for its approval.

As regards the statement of trade union rights, the Government's implementation timeline states that this is a measure which will also take effect on 30 October 2026, however, regulations and Government guidance is still awaited.

If we already recognise a union in terms of a formal recognition agreement, what should we do if another (non-recognised) union requests access outwith that recognition agreement?

The fact that you already have a recognition agreement in place does not preclude a different trade union making an access request, however, it may make it less likely. If you already recognise a trade union and a different trade union requests access in relation to at least one worker who is covered by the existing agreement, this will be an 'overlapping arrangement'. The CAC can reasonably refuse to grant access in the event of such an overlap, but it doesn't necessarily have to and it could grant access in respect of any workers who aren't covered by the existing recognition agreement. It is anticipated that trade unions will cooperate to avoid any overlap arising.

We are currently non-unionised. What should we do if we are approached by more than one union? Is it better to reach out to a union now to have an agreement in place?

You may receive multiple access requests from different unions at the same time. If an access request is still live when you receive another request and both requests have at least one worker in common, this is considered to be a 'multiple request'. The CAC can reasonably refuse to grant access in the case of multiple requests. If you decline access on this basis, your response should explain why and provide details of the other trade union. The second trade union may then withdraw its request or change it to avoid any duplication. Alternatively, the trade unions may work together to submit a joint request. Trade unions are encouraged to cooperate with one another which should avoid multiple requests in relation to the same group of workers.

There can be an advantage in identifying a trade union you would like to work with and taking a proactive approach, but this is fact specific.

In terms of the new right of access, could we be required to provide contact details (i.e. a work email address) to the union?

The right of access does not override your data protection obligations. The law is clear that the new right does not require or authorise a disclosure of personal data without the consent of the data subject or a disclosure of information that would breach data protection law. The Code of Practice explains that if a trade union wants to contact a worker directly, as opposed to the employer sending out an email on their behalf, that worker must give consent to their employer sharing their details.

Can we decide on the dates and times of access?

In its access request, the trade union must set out its proposal for the frequency and duration of access, the type of access along with the form of it (e.g. meetings/sending out an email etc) and how much notice you will receive before each occasion of access. Your response must indicate if you agree to these proposals and if you are agreeing to physical access, you must provide information on what times are likely to be suitable for that access. The precise terms of the access and how this is arranged including whether you can decide the date and time for the access once notice has been given is then a matter for negotiation between you and the trade union with any agreement reached being recorded in a written access agreement. Section C of the Code of Practice provides guidance on the operation of access and envisages a collaborative approach.

Can we decide whether the union should communicate directly or indirectly with workers?

In relation to the right of access, the trade union will propose its preferred method of communication as part of its initial access request. You will then have the option to accept or decline this and can seek to negotiate your preferred means during the negotiation period. However, if you cannot ultimately agree this with the trade union, an application may be made to the CAC for them to decide on whether access is granted and, if so, how it takes place.

How long does an access agreement last for? Is it for a defined period or event?

The Government intends that a statutory access agreement will last no more than two years. If the CAC is asked to make a determination on access, it must refuse access if the proposed access agreement does not automatically expire within two years. In terms of each instance of access, in its request the trade union must set out its proposed frequency and duration of each occasion of access. You can either agree to this, negotiate something else or leave it for the CAC to determine. The Code of Practice provides that the duration of each occasion of access should 'reflect the purpose of the access agreement and allow reasonable time to have effective communication with the workers covered by the agreement'. This may vary according to the circumstances.

Is there an access request form?

The Code of Practice contains template forms including a template access request.

Do we need to make employees aware of their right to join a trade union from 30 October and what is the most common way to do this?

It is anticipated that the right to receive a statement of trade union rights will come into force on 30 October 2026, however, regulations setting out the details of this right including i) what information must be included; and ii) how and when it must be issued are still awaited. In its consultation on this new right, the Government expressed a preference for a standard template being made available for employers to use which could then be populated with workplace specific details, but this is to be confirmed.

Do we have to send the right to join statement to existing workers as well as new workers?

The obligation to provide a statement of trade union rights applies to existing workers as well as new starts. We are awaiting clarity from the Government as to when and how they expect employers to issue that statement to existing workers.

If undertaking a contract review and update exercise now, should we include wording about informing employees of their right to join a trade union? Should the contracts be updated again once further information/detail on what needs to be included in the statement is known?

The Government's response to its consultation on this new right along with regulations setting out the details of it are expected to be published shortly ahead of the planned implementation date of 30 October 2026. Once these further details are known, you will be able to plan how you will ensure compliance. If you cannot wait until then we don't think you should include anything in the contract because you may have to change it when the regulations are published. You should also consider whether it is appropriate to include the statement within the contract, placing it on a contractual footing.

Workbox by Brodies

For more guidance on trade unions and industrial action go to our award-winning online HR portal, Workbox by Brodies which has a new dedicated page on the Trade Union Right of Access. Also see Employment Rights Act 2025 Preparatory Steps for practical steps to prepare for the reforms. To arrange a short Workbox demo, please get in touch.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.