Could a trade union ask to come into your workplace, even if you don't recognise one? Since 30 October 2026, the answer is yes, as long as you have 21 or more workers.
If you run a small business, unions probably haven't been high on your list of things to think about. That could now change. The Employment Rights Act 2025 has given independent trade unions a legal right to ask for access to workplaces so they can talk to staff. That applies even if you don't recognise a union and none of your staff are members.
Wquite hat does this mean for smaller employers?
What's changed?
Until now, a union could usually only get access to a workplace if the employer already recognised it or had agreed to let it in. That is no longer the case. A union can now make a formal request for access to your workers, whether or not any of them are members. The idea is that unions can explain what they do, recruit members and talk to people about issues at work.
Access doesn't have to mean someone physically coming on site. It could be a visit, a meeting with staff, contact by email or online meetings, or a mix of these.
What it doesn't mean is a union rep turning up unannounced and expecting to walk in. There's a formal process for making and agreeing a request, and the union has to give notice before each visit.
Does this apply to my business?
Not if you have fewer than 21 workers. Employers below that number are exempt from the statutory process.
But be careful how you count. The figure covers your whole business, including any associated employers in Great Britain, not each site on its own. It also takes account of your staffing over the previous 13 weeks. So a hospitality business with 30 staff split across two venues is in scope, even though neither venue has 21 people by itself.
If you're at 21 or above, the rules can apply whether or not you recognise a union.
The rules cover England, Scotland and Wales. Northern Ireland has its own employment law.
What if a union gets in touch?
Don't ignore it. If you don't reply in time, the union can go straight to the Central Arbitration Committee (CAC), the body that settles these disputes, and you'll have lost the chance to have your say.
The timescales are quite tight:
You have 15 working days to respond. You can accept what the union has proposed, turn it down or suggest something different.
If you don't agree to everything, there's then up to 25 working days to try to reach an agreement. Both sides are expected to negotiate in good faith.
If you still can't agree, the union has a further 15 working days to apply to the CAC, which will decide whether access should be granted and on what terms.
From the day the request arrives to a possible CAC application is about 11 weeks.
When you're working out what's reasonable, you can take into account things like shift patterns, how the business runs, health and safety, safeguarding, security and confidentiality. Digital access is an option, but it isn't meant to be a way of keeping the union off the premises altogether.
A few other limits are worth knowing about:
The first visit under a new agreement needs at least five working days' notice. Later visits need at least two.
An access agreement can't run for more than two years.
Unions can't be given access to private homes. That matters if your staff work in home care for example.
What should I be doing now?
A little preparation now will make things easier if a request does arrive.
Start by checking your headcount properly, especially if you have more than one site, a linked business or staff numbers that change seasonally.
Then make sure your managers know that a union access request needs to come to you straight away. The clock starts when the request arrives.
It's also worth thinking now about how access might work in your business. If you run shifts, work with vulnerable people or have security restrictions, you'll want a sensible proposal in mind rather than having to come up with one against a deadline.
Remember that joining a union is your workers' choice. Don’t pressure anyone or treat them differently because of union membership or activity, and any meetings or communications under an access agreement need to respect their privacy.
If a request does come in and you're not sure where you stand, get advice early. It will be easier to get your response right first time than to unpick it later.
One more change on the way
From 1 January 2027, every employer, however small, will have to give workers a written statement telling them they have the right to join a trade union. This was originally due in October 2026 but has been pushed back.
Anyone starting with you from 1 January will need to get the statement along with their written statement of employment particulars. Existing staff will need to receive it, or be told where to find it, by 5 April 2027.
This isn't a one-off job. If you give the statement to existing staff directly, by email or letter, you'll have to reissue it every year by 5 April. If you put it on a noticeboard or intranet instead, you'll need to send a reminder each year by the same date.
The government still has to publish the final regulations, including the standard wording, so some of the detail may change. In the meantime, now is a good time to look through your onboarding paperwork.
Keeping it in perspective
This might feel like yet another set of rules to get your head around but the basics haven't changed: treat people fairly, talk to them openly and know what's expected of you as an employer.
You don't need to become an expert in trade union law. You just need to know whether the rules apply to you and what to do if a request turns up.
How I can help
At Elliott HR, I offer practical, independent HR support to small and growing businesses.
If you've had a union access request, want to get ready for the new information duty, or just want to talk through what all this means for your business, get in touch. I'm always happy to have an initial chat.