It’s November 2026. A letter lands in your inbox. It’s from a trade union you’re not familiar with.
They’re requesting access to your workplace to meet and recruit your workers. It gives you a deadline to respond. It references statutory rights you’re not familiar with. Can you refuse? What’s the process? What happens if you get it wrong?
Under a draft Code of Practice published recently, getting this wrong could be expensive. We’re talking up to £500,000 expensive!
From October 2026, trade unions will have a new right to request access to your workplace. The Government’s draft Code of Practice (under consultation until 20 May 2026) means that employers who receive these requests will face new obligations backed by significant financial penalties for non-compliance.
What’s changing?
The draft Code supports new rights expected to come into force in October 2026, giving trade unions a clearer route to request physical access to workplaces to meet workers, provide union information, and recruit workers. If a union makes a request, employers won’t simply be able to ignore it.
Can employers refuse access?
Yes, but only if they’re able to justify the refusal. Even then, if agreement cannot be reached between employer and union, the matter can be referred to the Central Arbitration Committee (CAC), which has the power to:
- Assess whether the employer’s refusal is reasonable
- Impose access arrangements if it disagrees
In short, the decision may not ultimately sit with you. Only very small businesses will be exempt from access requests (fewer than 21 employees).
The financial risks (where this change really bites)
Most importantly, there’s the introduction of serious financial consequences for non-compliance. If access terms are imposed and you fail to comply, penalties can escalate quickly:
- £75,000 for a first breach
- £150,000 for a second breach
- Up to £500,000 for a third and subsequent breaches
These penalties transform union access from a procedural issue to a significant financial risk.
An additional operational headache
One of the more challenging aspects of the draft Code is the approach to privacy during union meetings. It suggests that employers should:
- Switch off CCTV during meetings between unions and workers
- Ensure any recordings are not viewed or retained
For organisations operating in highly-regulated environments, security-sensitive sites, or with extensive monitoring systems, this is not a small adjustment. It raises significant questions around security and safety, data handling processes, system limitations and practicalities.
This is an area many employers will need to think through carefully, well before any requests are received.
What should employers be doing now?
Sense-check your current position – have you ever dealt with a union access request? Who would handle it internally? If not, it’s time to start thinking through what your process would look like.
Put a basic process in place – how will requests be received, assessed and responded to? Without a clear process, delays and inconsistent responses become much more likely, potentially exposing you unnecessarily to significant financial penalties.
Understand your grounds for refusal – refusal is still possible, but it must be justified. If you’re going to refuse a request you’ll need to be clear on where the line is and how you’re going to evidence your position.
Review operational impact – particularly if you operate in a heavily monitored environment, the practical implications (like switching off CCTV) need careful thought. Can your systems accommodate temporary changes and what risks might this create?
Train key stakeholders – a consistent, informed response will reduce the risk of escalation and external intervention. This isn’t just HR, it’s anyone who might be the first point of contact. HR, leadership, managers, or anyone who handles inbound communications (e.g. shared inboxes like info@) – they’ll all need to be able to spot these requests and know what to do with them.
How can we help?
If you’re unsure how these changes could affect your organisation, or want to put a clear, practical process in place, we can help you to understand your obligations, prepare for access requests, and manage risks without disrupting your operations. Get in touch to chat to us today.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
