Trade union reform: Is your business ready?

Never had to deal with a trade union before? That doesn’t mean your business won’t need to think about one now. With new trade union laws taking effect from 30th October 2026, employers have new responsibilities, even if they’ve never had any union involvement. From handling workplace access requests to understanding workers’ rights, it’s important to know what’s expected of you. In this article, we explain what’s changing, which businesses are affected and the practical steps you can take to stay compliant, avoid costly mistakes and be ready if a trade union comes knocking.

Businesses with no history of trade union engagement may have the most preparation to do

From 30th October 2026 onwards, a new statutory framework for trade union access to workplaces comes into force across England, Scotland and Wales. For some businesses, this will be their first direct experience of managing a formal trade union request. 

The reforms do not mean every workplace will become unionised. They do mean that businesses with 21 or more workers can no longer assume trade union relations are irrelevant simply because no union is currently recognised. 

The practical question is straightforward: if a trade union contacted your business tomorrow, would your managers know what to do? 

What is changing? 

From 30th October 2026, a qualifying independent trade union can make a statutory request to access a workplace to: 

• meet, support and represent workers; 

• recruit or organise workers, whether or not they are already union members; and 

• facilitate collective bargaining. 

The statutory access regime cannot be used to organise industrial action. Access may be physical, digital or a combination of both. Digital access might include an online meeting facilitated by the business or an agreed communication circulated to workers. It does not mean giving a union unrestricted access to the business’s IT systems or employee data. 

A union does not need to be recognised, or demonstrate an existing level of membership or workforce support, before making a general workplace access request. 

Which businesses are affected? 

The Central Arbitration Committee (CAC) must refuse to impose access where the business has fewer than 21 workers both on the date of the request and on average during the previous 13 weeks. Associated businesses are taken into account when applying this threshold. 

This means a small employing entity within a wider group may still fall within scope. The count is based on workers, not only employees, so businesses should not rely on payroll headcount alone without checking who falls within the statutory definition. 

What happens when a request is received? 

The business must provide a written response within 15 working days after the day the request is given. The response should confirm whether the request is accepted in full or in part and explain the reasons for any terms that are not accepted.  

Where the request is not agreed in full, the parties normally have 25 working days after the business’s response to negotiate. If agreement cannot be reached, either party can apply to the CAC. The usual deadline is the end of the 55th working day after the original request, although the CAC may extend this to 70 working days where it was not reasonably practicable to apply sooner. 

There is a clear presumption in favour of reasonable access. A business can raise legitimate concerns relating to safeguarding, security, confidentiality, health and safety or operational disruption, but should explain the concern and, where possible, propose a workable alternative. 

Statutory access agreements can be enforced by the CAC. Financial penalties may reach £75,000 for a first penalty order, £150,000 for a second and £500,000 for a third or subsequent order. This makes prompt escalation and a carefully considered response essential. 

Use this standardised form to understand the type of information and access arrangements a trade union may request when seeking access to your business workplaces and workers from 30 October 2026.  Trade Union Access Request Template 

There are wider changes too 

The workplace access regime sits within a wider package of trade union reform. From 30th  October 2026, the remaining statutory recognition reforms also come into force, including changes to access and unfair practices during recognition and derecognition processes and the freezing of the proposed bargaining unit once a recognition application has been accepted by the CAC. 

Trade union representatives will also have strengthened rights relating to reasonable paid time off and reasonable access to accommodation and other facilities for specified duties. Workers taking protected industrial action will have a new right not to be subjected to detriment where the business’s sole or main purpose is to penalise, prevent or deter the participation. 

Separately, from 1st January 2027, businesses will be required to provide workers with a written statement explaining their right to join a trade union. This information duty was expected earlier but has been deferred to January. The detailed requirements are due to be set out in secondary legislation, with further Government guidance expected after the legislation is laid out.

How Gravita can help

Gravita HR can help businesses assess their readiness, review employee voice arrangements, train managers and establish a practical process for handling trade union access or recognition requests. 

If your business has already received an approach, early support can help you respond appropriately while protecting both the business and its employee relationships. Get in touch to discuss how we can help.