For many employers, a trade union access request arriving in the inbox will be something entirely new.
It may be tempting to see it as a sign that employee relations have broken down, that a recognition campaign is underway, or that difficult industrial relations issues are on the horizon. In reality, a request for access means only one thing: a trade union is seeking to exercise a new statutory right and there is now a process that needs to be followed.
The most important advice is simple: don't panic.
A request for access does not automatically mean employees are unhappy. It does not mean the union will become recognised. And it certainly does not mean you have lost control of your workplace. What matters is how you respond.
What is a trade union access request?
The Employment Rights Act 2025 introduced a new framework allowing qualifying independent trade unions to seek access to workers. Access may be physical, digital, or both, and can be used to meet, support, represent, recruit or organise workers, as well as facilitate collective bargaining. The right of access is not to be used for the purpose of organising industrial action.
The regime applies to employers with 21 or more workers and creates a formal process that employers and unions are expected to follow.
First things first: check the request
Not every request will arrive neatly packaged and ready for action.
Before responding, make sure you understand:
which trade union is making the request;
whether it is an independent trade union entitled to use the statutory process;
which workers the request relates to;
whether physical access, digital access or both are being sought;
how frequently access is being requested; and
whether all relevant information has been provided.
If information is missing, ask for clarification. Whilst you shouldn’t delay, this is not a process that benefits from rushed decisions or knee-jerk reactions.
But don’t miss the deadline
Once a valid request is received, the statutory timetable begins.
Employers have 15 working days to respond. If the request is not accepted in full, there is then a 25-working-day negotiation period during which the parties are expected to attempt to reach agreement on the arrangements for access. If agreement cannot be reached, the matter may ultimately be referred to the Central Arbitration Committee (CAC).
For that reason, someone within the organisation should take ownership of the request immediately.
Make sure:
the request is logged;
deadlines are diarised;
relevant managers are informed; and
legal or HR support is obtained where appropriate.
This particularly important if you are an employer with multiple sites where requests may not be sent through a central HR or legal function.
Utilise the templates
Recognising that many employers will be encountering this process for the first time, the CAC has published a suite of template documents to support the new regime. These include a Trade Union Access Request, an Employer Response Notice and forms for notifying the CAC about agreed access arrangements.
In particular, use the Employer Response Notice template, which provides a structured framework for responding to a request and can help employers ensure they address the key issues and comply with the statutory timescales. Whilst it will not replace the need to consider the specific circumstances of the request, it can provide a useful starting point and reduce the risk of something important being overlooked.
Access does not mean unrestricted access
Some employers assume that a request for access means they must simply allow whatever arrangements the union proposes, but that is not the case.
In considering the request, employers are entitled to consider practical issues including:
operational requirements;
health and safety;
site security;
commercially sensitive information;
confidentiality obligations;
the availability of suitable meeting space;
shift patterns and non-standard working arrangements; and
remote or hybrid working arrangements.
The purpose of the process is to agree workable arrangements, not to impose unreasonable disruption on the business. And so, if there are legitimate concerns about the proposed arrangements, explain them and be prepared to discuss alternatives.
A constructive approach is usually far more effective than an outright refusal.
Brief your managers
Even where HR and senior leaders understand the new regime, managers who don’t might unintentionally create problems. It is therefore important to ensure your managers understand what the organisation can and cannot do, and what employees are entitled to do.
For example, managers should not:
ask employees whether they attended a union meeting;
ask what was discussed;
seek information about union membership; or
attempt to discourage employees from engaging with a union.
Employees are free to decide for themselves whether they engage with the union.
The safest approach is professionalism, neutrality and consistency.
Access and recognition are not the same thing
One of the most common misconceptions is that an access request is the first step towards trade union recognition. It may be, but it does not have to be.
An access agreement allows a qualifying union to communicate with workers. Recognition is a separate process governed by a different legal framework. Therefore, you should avoid assuming that recognition is inevitable simply because access has been requested. At the same time, an access request may provide an opportunity to reflect on wider employee relations issues.
Ask yourself:
Do employees feel listened to?
Are workplace concerns addressed promptly?
Do managers have the confidence and capability to deal with difficult issues early?
Are existing communication channels working effectively?
Strong employee relations will not prevent every union approach, but they will place the organisation in a stronger position to respond confidently and constructively.
Prepare before a request arrives
Even if your organisation has not yet received a trade union access request, now is a sensible time to prepare.
A simple internal response plan should cover:
Who will receive and review the request?
Who will coordinate the response?
Who has authority to negotiate access arrangements?
When will external advice be sought?
How will managers be briefed?
How will communications with employees be handled?
This does not need to be a lengthy policy document, just a clear process with defined responsibilities.
The key takeaway
A trade union access request should be taken seriously, but it does not need to become a crisis.
If you receive a request, follow these steps:
check that the request is valid;
understand the statutory timetable;
use the CAC's template documentation where appropriate;
consider the practical arrangements carefully;
brief managers on what they can and cannot do; and
engage constructively with the process.
Most importantly, don't wait until a union comes knocking before investing in employee relations.
The organisations best placed to respond to trade union activity are usually the ones that already listen to their people, support their managers and tackle issues before they become larger problems.
At New Road, we help employers navigate employment law and employee relations issues in a way that is legally compliant, commercially sensible and workable in the real world.
This post provides general information for business owners, not legal advice, and you should always take advice on your specific situation before acting.
