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legal update  /  4th Sep 2026

Trade union right of access: What SME employers need to knowimpact hr ident

The government’s Employment Rights reforms continue to introduce significant changes for employers, with one proposal attracting particular attention: the trade union right of access.

If you are an SME owner or manager, this may not be something you’ve encountered before. Many small and medium-sized businesses don’t have recognised trade unions in their workplace and may never have received a request from a union to speak with employees, therefore this right of access legislation may not have been considered an immediate priority.

So, what does the trade union right of access actually mean? Will trade unions be able to enter your workplace whenever they choose? And, most importantly, what does this mean for your business?

In this guide, we’ll explain the proposed changes in plain English, clear up some common misconceptions, and outline the practical steps SME employers should consider as the legislation develops.

What is the trade union right of access?

Put simply, the proposed trade union right of access, intended from the 30th of October 2026 , will give independent trade unions a legal route to request access to workplaces with 21+ workers (including group company structures), so they can communicate directly with employees.

This could include activities such as:

  • Explaining the benefits of trade union membership
  • Recruiting new members
  • Meeting existing members
  • Providing information about workplace rights
  • Speaking with new starters or employees at agreed times

The important point is that this is about access to employees, not forcing employees to join a trade union.

Employees would always remain free to decide whether or not they want to become union members.

trade union right of access

Why is the Government introducing this change?

The proposal forms part of the Government’s wider ambition to strengthen workers’ rights and improve employee representation. The intention is to ensure employees have greater access to information about workplace rights and the support that trade unions can offer.

For employers, the focus isn’t on encouraging or discouraging union membership. Instead, access is likely to involve reasonable, agreed arrangements between the employer and the trade union.

For example, this could include:

  • Holding an information session during a lunch break
  • Meeting employees in a designated meeting room
  • Speaking with new starters during an induction programme
  • Providing information through agreed digital communication channels
  • Meeting existing union members at agreed times

The aim is to allow employees to access information without causing unnecessary disruption to the business.

  • Does this mean employers have to recognise a trade union?

    No. This is an important distinction.

    Trade union recognition and trade union access are two separate concepts.

    • Recognition means an employer formally negotiates with a trade union on matters such as pay, working hours and terms and conditions.
    • Access simply means a trade union may have the right to communicate with employees.

    This means a business could allow trade union access without having a formally recognised union in the workplace.

    For employers, the key point is not to treat union membership, union access and formal recognition as interchangeable. They can have different legal implications and may require different approaches from the business.

    If you are unsure about what rights apply to your organisation or what action is required, it is sensible to take appropriate HR or employment law advice before making changes to how trade unions interact with your workforce.

  • What could this mean for SME employers?

    For many SMEs, this may be the first time you’ve had to think about trade union access. Unlike larger organisations, which may already have established relationships with recognised trade unions, smaller businesses often have little or no experience of handling these types of requests.

    That doesn’t mean you need to worry. In fact, many SMEs may never receive an access request. However, understanding the proposed legislation means you’ll be informed and prepared should the situation arise and can respond proactively, confidently and lawfully.

    Even if your business does not receive a request, having a clear process in place can still be valuable. It gives managers a consistent approach to follow and helps ensure that decisions are based on the legislation rather than assumptions, uncertainty or individual opinions.

    As with any proposed employment law change, the detail matters. The final requirements and guidance should be reviewed once the legislation progresses, so businesses can make sure their policies and processes reflect the rules that actually come into force.

  • Can employers refuse a trade union access request?

    Potentially, yes, but it isn’t expected to be as simple as saying no.

    Employers will continue to have legitimate reasons for managing workplace access, including:

    • Health and safety requirements
    • Security considerations
    • Protecting confidential or commercially sensitive information
    • Avoiding unreasonable disruption to business operations

    However, employers should avoid treating a request as something they can simply reject because they do not want a trade union involved. Any decision to restrict or refuse access will need to be considered carefully against the requirements of the legislation and any accompanying guidance.

    As the legislation progresses, employers should review the final rules and accompanying guidance before making assumptions about when access can be restricted or refused. The practical detail will be important in understanding exactly what employers will be required to do.

     

How should SME employers prepare for trade union rights of access?

Although some details are still being finalised, there are practical steps employers can take now.

Consider:

  • Reviewing your employee relation policies to ensure they’re up to date.
  • Thinking about how your business would respond if you received a trade union access request.
  • Making sure managers understand the proposed reforms and know who is responsible for handling any requests.
  • Keeping up to date with further legislation and guidance, as the final details will provide greater clarity on how access arrangements should work in practice.

Key takeaways for SME employers

While the trade union right of access may feel like a significant change, many SME employers are unlikely to notice an immediate impact.

 

  • The key things to remember are:

    • The proposals are designed to give employees greater access to information and representation.
    • Employees are not required to join a trade union.
    • Employers will still be able to manage workplace access and consider legitimate business needs.
    • Understanding the proposed reforms now will help your business respond confidently if you ever receive an access request.

    By reviewing your policies are staying informed as the legislation develops, you’ll be well placed to remain compliant while continuing to manage your workplace effectively.

  • Need support navigating employment law changes?

    Employment law is evolving quickly, and keeping pace with legislative reform can be challenging for growing businesses.

    Whether you’re reviewing HR policies, training managers or preparing for upcoming legal changes, our HR consultants can help you understand your obligations and implement practical solutions that work for your business.

    Contact us

Your Questions Answered

Everything you need to know about Trade Union Right of Access

  • What is the trade union right of access?Reveal

    The proposed trade union right of access, to be implemented from 30th October 2026 would give independent trade unions a legal route to request access to workplaces so they can communicate with employees. This could include providing information about trade union membership, meeting existing members or discussing workplace rights. Employees remain free to decide whether or not they wish to join a trade union.

  • Does the trade union right of access apply to SMEs?Reveal

    Organisations with fewer than 21 workers will be exempt from access under the intended legislation. Those with 21+ workers, or 21+ workers as part of a wider group company would be within scope of the legislation), However, many SMEs may never receive a trade union access request, particularly if they do not currently have a union presence within their workforce.

  • Does this mean I have to recognise a trade union?Reveal

    No. Trade union recognition and trade union access are two different things. Recognition means an employer formally negotiates with a trade union on matters such as pay, working hours and terms and conditions. Access simply allows a trade union to communicate with employees under certain circumstances.

  • Can employers refuse a trade union access request?Reveal

    Employers may still be able to restrict or refuse access where there are legitimate business reasons, such as health and safety, security or protecting confidential information and this would need to take place within a defined process. However, any decisions should be made in line with the final legislation and supporting guidance once introduced.

  • Will employees have to join a trade union?Reveal

    No. Employees cannot be forced to join a trade union. The proposed reforms are intended to give employees greater access to information and representation, allowing them to make their own informed decision about membership.

  • What should SME employers do now?Reveal

    SME employers should familiarise themselves with the proposed reforms, review employee relations policies, ensure managers understand how to respond to access requests and stay up to date as further legislation and guidance is published.

  • When will the trade union right of access come into force?Reveal

    The trade union right of access forms part of the Government’s wider Employment Rights reforms where the reforms are intended from the 30th of October 2026 although employers should continue to monitor updates and seek professional HR advice where needed.

Where to find out more A collection of hand-picked useful resources for Trade union right of access from impact HR and beyond

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