Trade union access rights and what to do before 30 October

Advice from your HR consultant on the new trade union obligations landing this autumn and what you need to have ready.

You might assume that trade union rules are something only large employers need to worry about.

From 30 October, that assumption is wrong.

The Employment Rights Act 2025 introduces two new obligations, and one of them applies to every employer in the country, no matter how small.

The fines for getting it wrong go up to £500,000.

Here's what you need to know and what to do about it.

What you should be doing right now

I'm going to start with the practical steps, because if you're a busy business owner you'll want to know what's actually required of you before we get into the detail.

There are a few things you can get sorted now, well ahead of 30 October.

Put together an internal process for handling an access request. If your business has 21 or more workers across all sites, a trade union can request access to your workplace. You'll have 15 working days to respond in writing once that request lands. If you haven't already thought about who deals with it and what the response looks like, you'll be scrambling. Get a simple procedure in place now.

Talk to your managers. If a union official contacts your business, you don't want a manager saying something off the cuff that creates a legal issue. A short briefing now can save a lot of trouble later.

Think about how your team actually feels about working for you. Businesses where people don't feel listened to are the ones most likely to see union organising take hold. If your workforce already has a genuine way to raise concerns and be heard, a union access request is far less likely to gain momentum.

Myth: only businesses with union members need to worry about access requests

This is a common assumption, and it's completely wrong.

A trade union doesn't need to have any existing members at your workplace to make a formal access request. There's no minimum membership threshold. If your total headcount across your whole business hits 21 workers, you're in scope.

It's also worth knowing that "workers" in this context is broader than just employees. It includes people on certain types of contracts who might not appear on your payroll in the traditional sense.

The access itself covers physical entry to your premises. But it also extends to digital access, which could mean your email system or virtual meeting platforms.

One important boundary: the access right can't be used to organise industrial action. It's specifically about recruitment and organising.

Myth: you can just say no

You can't.

Once a union sends a formal request, you've got 15 working days to reply in writing. After that, there's a 25-working-day negotiation window where you and the union try to agree terms for access.

If you can't reach an agreement, the union can take the matter to the Central Arbitration Committee (the CAC). The CAC has the power to impose access terms on your business. You don't get to opt out.

This access right sits alongside the reduced union recognition thresholds that came into effect in April. The expectation is that unions will use access requests as a stepping stone to build membership in workplaces where they don't currently have a presence, and then push for formal recognition further down the line.

Myth: the penalties are manageable

They're deliberately not.

The penalty structure is designed to make it impossible for employers to treat fines as a cost of doing business. If the CAC orders access and you breach the terms, here's how the fines escalate:

• First breach: up to £75,000
• Second breach: up to £150,000
• Third breach and beyond: up to £500,000 each time

Every breach is treated individually. If your access agreement covers more than one site, breaches at different locations count cumulatively. The numbers stack up very quickly.

The obligation that applies to every employer (from 1st January 2027)

Even if you have fewer than 21 workers and the access rules don't apply to you, the written statement obligation does.

Every employer must provide workers with a written confirmation of their right to join a trade union. It's a standalone document, separate from the employment contract.

There's no direct tribunal claim if you fail to do this. But here's the catch: if a worker brings a successful claim against you for anything else, the tribunal can add between 2 and 4 weeks' pay as an additional award if you were also in breach of this duty. It's a straightforward addition for a claimant's representative to include, and it's an avoidable cost.

Questions worth asking yourself

Before 30 October, it's worth taking a step back and thinking about where your business stands.

• If a union request arrived tomorrow, does anyone in your business know who should handle it and what the deadlines are?
• Have your managers been briefed on what to say (and what not to say) if a union official gets in touch?
• Would your team describe your business as somewhere they feel genuinely heard?
• Do you know exactly how many workers you employ across all sites, using the broader legal definition?

How I can help

Through my HR consultancy services in Thanet, I work with small businesses to get ahead of changes like these before they become a problem.

If you employ 21 or more people, I can draft an internal access request procedure so you're ready if a union makes contact. And I can advise on how to respond if a request does arrive.

If you've got 21 or more workers, this is something to sort out sooner rather than later. The 30 October deadline will come around fast.

As an outsourced HR consultant in Thanet, I'm here to help you get everything in order so you can focus on running your business.

Get in touch and let's have a chat about what you need to have in place. A quick discovery call is a good place to start.