Starting October 30, 2026, unions in Great Britain will have a new statutory right to request access to workers at companies with 21 or more workers, even without having existing members at the company. Access can be in person, digital, or both.
Our take: The new UK Employment Rights Act, including the trade union access right, will bring significant changes for companies operating in the UK.
Join CHRO Association’s upcoming webinar on October 28 with David Hopper of Lewis Silkin to understand the implications and what employers should consider now.
Key distinctions from U.S. law:
-
No existing membership is required. Any independent union can request access, regardless of existing membership at the company. This is a key distinction from U.S. law. In the U.S., employers can generally bar outside organizers from company property.
-
Unions can reach workers on-site or digitally during normal working hours. In the U.S., employees have the right to discuss unionizing on their own nonworking time, and that right belongs to employees, not outside unions.
-
Access does not mean representation or collective bargaining rights, which still require organizing. However, employers in the UK will have less control over union access than those in the U.S. under the new law and may face a greater risk of organizing.
What employers need to know:
-
Employers have 15 working days to respond to a formal request, 25 working days to negotiate. If the parties cannot agree, either can ask the Central Arbitration Committee (CAC) to decide.
-
Model terms considered by the CAC include weekly access, short notice periods, use of existing meeting space, employee privacy protections, and meetings without the employer present.
-
Exceptions apply to employers with fewer than 21 workers and in certain circumstances involving private homes, national security, criminal investigations, or health and safety.
-
Employers may refuse an overlapping request from a second union in some circumstances.
-
The CAC will handle alleged violations, with penalties of up to £500,000 for repeated breaches.
One sign of what’s ahead: Meta voluntarily granted Prospect, a UK union, access to its approximately 5,000 UK employees. The technology sector could draw particular attention because of its large professional workforce and relatively low union density.
What global employers should consider:
-
Set a process for access requests. Decide who will receive requests, negotiate the arrangements, and ensure employees’ privacy and comfort throughout the process.
-
Anticipate more than one union. Different unions may seek to organize workers at the same company. Review each request separately.
-
Look after employees. Employees may feel confused or disrupted. Communicate clearly with employees and managers while accommodating their needs.
