Trade unions have a new legal right to come into workplaces, in person or online, to talk to staff about joining, organising and negotiating on pay and conditions.
It’s one of the biggest changes to workplace rules in years, and it comes from the Employment Rights Act 2025, which is bringing in a series of new rights for workers in stages. Not every workplace is covered, and nobody has to join a union or speak to one if they’d rather not. Here’s what the new rules mean in practice, who they apply to, and what else is changing at work over the next few months.
What’s changed?
Unions can now ask employers for access to their workplace so they can speak to workers, recruit new members and help organise collective bargaining, which is when a union negotiates with an employer on behalf of staff. Before this, unions often had no automatic right to come on site unless the employer agreed, which made it hard to reach workers in some jobs.
There’s a presumption that access will be granted when it’s asked for, and if a union and an employer can’t agree, a formal process overseen by the Central Arbitration Committee, an independent body, decides what’s reasonable. Employers have 15 working days to respond to a request, so the process is designed to move fairly quickly.
How access works in practice
Physical visits should take place near where people work and during normal working hours, and they can be held on different days and at different times, so shift workers and people on variable hours aren’t left out. The model terms set out in the rules include weekly access for unions, and employers have to make sure, as far as they reasonably can, that visits and conversations are private.
Unions can also have digital access, using the same channels the employer already uses to communicate with staff, such as work email or Microsoft Teams. That’s important for people who work from home, on the road or across several different sites, as they might never be in the same place as a union representative.
Who’s covered?
The new access rights apply to employers with 21 or more workers, so very small businesses with fewer than 21 people are excluded. There are some exceptions, as the rules still apply to workers covered by the Adult Social Care Fair Pay Agreement and the School Support Staff Negotiating Body, even in smaller workplaces.
If an employer refuses or delays access without good reason, the Central Arbitration Committee can impose penalties of between £75,000 and £500,000. That’s a strong signal that the rules are meant to be taken seriously by businesses.
You don’t have to join.
It’s worth being clear that the new rules give unions the chance to talk to staff, but they don’t oblige anyone to join a union or take part. Joining a union in the UK has always been your choice, and you can listen to what a union has to say, ask questions or simply decline.
If you’re curious, a union visit can be a good chance to find out what membership costs and what support you’d get, such as help with disputes, advice on your rights or representation at a disciplinary meeting. Polling for the TUC earlier this year found that 36% of workers who aren’t members didn’t know how to join one, so the new access rules are partly aimed at closing that gap.
What unions and employers say
The TUC, which represents unions across the country, has welcomed the change and says employers have nothing to fear from staff wanting an independent voice at work. It believes the new rules could lead to many more agreements between unions and employers over the next year.
Some business groups are more cautious, and manufacturing body Make UK has said firms haven’t been properly prepared for the change. Employment lawyers are advising businesses to plan ahead because the time limits for responding to requests are tight.
Other protections that started on 30 October
Alongside the access rules, workers now have new legal protection from being treated unfairly by their employer for taking part in lawful industrial action, such as being passed over for a promotion or given worse shifts. There are also new rights and protections for trade union representatives, and changes to how unions apply to be recognised by an employer.
On the same date, employers’ duty to prevent sexual harassment was strengthened, so they must now take all reasonable steps to stop it, including harassment by customers and clients. Together, these changes make 30 October one of the biggest dates in the new employment rights timetable.
What else is coming?
From 1 January 2027, employers will have a new duty to tell workers about their right to join a trade union, which was originally planned for October but was pushed back. On the same date, the qualifying period for protection against unfair dismissal will drop from two years to six months, for dismissals from 1 January onwards.
Further changes are planned for April 2027, including stronger protections against blacklisting, which will cover blacklists created using artificial intelligence. Some other proposals, such as guaranteed hours and reasonable notice of shift changes, don’t have a confirmed start date yet.
How to find out more
If you’d like to know whether there’s a union for your job or industry, the TUC website has a free tool to help you find the right one. Many unions also let you join online, and some offer discounted membership for part-time or lower-paid workers.
For free, impartial advice on any of your rights at work, including these new rules, you can contact Acas on 0300 123 1100 or visit its website. Your employer’s HR team should also be able to explain how any union access requests will be handled where you work.
