The Trade Unions (Right to Access Workplaces) Regulations 2026

Published: Tue 20th Oct 26

Established statutory timelines, conditions for access refusal, and financial penalties for trade union workplace access requests.

These Regulations establish the procedural framework and substantive rules governing the right of trade union officials to access workplaces in England, Wales, and Scotland.

They direct the Central Arbitration Committee (CAC) to determine access disputes, prescribe strict timeframes for employer responses and negotiations, and mandate the refusal of access in specific circumstances such as national security or for employers with fewer than 21 workers.

The instrument applies to qualifying trade unions, employers, and any third parties whose cooperation is required for workplace access, while also introducing a tiered financial penalty regime for non-compliance with access orders.

Arguments For

The regulations provide a structured legal framework for trade union officials to access workplaces to communicate with workers, supporting collective bargaining and union representation.
The order establishes clear statutory timelines, such as a 15-working-day response period and a 25-working-day negotiation period, to prevent indefinite delays in the access request process.
Proponents may argue that the inclusion of mandatory refusal criteria for small employers (fewer than 21 workers) and national security concerns protects small businesses and sensitive state interests.
The document specifies that access terms must not "unreasonably interfere with an employer’s business," providing a legal safeguard for operational continuity.

Arguments Against

Employers may express concern regarding the potential for "overlapping access arrangements" or "multiple access requests" to disrupt business operations despite the CAC's oversight.
Legal scholars might question the significant financial impact of the tiered penalty system, which allows for fines reaching £500,000 for repeated failures to comply with access agreements.
Affected businesses might argue that the "weekly access" requirement, defined as potentially including physical entry every week, imposes a high administrative and logistical burden.
Civil liberties or privacy advocates might focus on whether the requirement for "private" communication between unions and workers is sufficiently enforceable in high-surveillance or open-plan workplaces.

Part 1 GENERAL

Citation, commencement and extent

-(1) These Regulations may be cited as the Trade Unions (Right to Access Workplaces) Regulations 2026 and come into force on 30th October 2026.

(2) These Regulations extend to England and Wales and Scotland.

This section establishes the official title of the regulations and sets the commencement date as 30 October 2026.

It specifies that the legal jurisdiction of the instrument covers England, Wales, and Scotland.

Interpretation

In these Regulations-

'the 1992 Act' means the Trade Union and Labour Relations (Consolidation) Act 1992;

'CAC' means the Central Arbitration Committee;

'union' means 'unions' in cases where two or more unions make a joint application for an access agreement;

'working day' means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.

This section defines the key terms used throughout the document to ensure consistent legal application.

It identifies the Central Arbitration Committee (CAC) as the relevant adjudicatory body and clarifies that 'working days' exclude weekends and specific public holidays.

Part 2 PRIOR TO ENTERING INTO AN ACCESS AGREEMENT: TIME PERIODS

Response period

-(1) This regulation applies where a qualifying trade union gives an employer an access request.

(2) The response period prescribed for the purposes of section 70ZC(a) of the 1992 Act ends at the end of the 15th working day after the day on which the access request is given.

Negotiation period

-(1) This regulation applies where an employer gives a union a response notice.

(2) The negotiation period prescribed for the purposes of section 70ZC(b) of the 1992 Act ends at the end of the 25th working day after the day on which the response notice is given.

Application period for a determination by the CAC

-(1) This regulation applies where-

(a) a qualifying trade union gives an employer an access request, and
(b) section 70ZE(1)(determinations by the Central Arbitration Committee) of the 1992 Act applies.

(2) The period prescribed for the purposes of section 70ZE(5)(b) of the 1992 Act ends at the end of the 55th working day after the day on which the access request is given.

(3) But where the CAC is satisfied that it was not reasonably practicable for a party to apply for a determination under section 70ZE of the 1992 Act before the end of that period, the period prescribed ends at the end of the 70th working day after the day on which the access request is given.

This part sets the statutory deadlines for the initial phases of an access request.

It requires employers to respond within 15 working days and limits the voluntary negotiation period to 25 working days.

It also mandates that applications for a CAC determination must generally be made within 55 working days of the initial request, with a possible extension to 70 days if early application was not reasonably practicable.

Part 3 DETERMINATIONS BY THE CAC

Chapter 1 CIRCUMSTANCES IN WHICH ACCESS MUST BE REFUSED

Access must be refused - general

-(1) This regulation applies where an application for a determination is made under section 70ZE (determinations by the CAC) of the 1992 Act.

(2) The CAC must make a determination to refuse access, as described in section 70ZF(4)(b) (determinations by the CAC: further provision) of the 1992 Act, where one or more of the following regulations applies-

(a) regulation 7 (number of workers);
(b) regulation 8 (national security);
(c) regulation 9 (avoiding prejudice regarding offences);
(d) regulation 10 (notice period);
(e) regulation 11 (duration of agreement).

Number of workers

[Subsections (1)-(7) specify that access must be refused if the employer, including associated employers, employs an average of fewer than 21 workers over a 13-week period, excluding most workers based outside Great Britain or on certain foreign-registered ships.]

National security

This regulation applies where the CAC considers it necessary in the interests of national security to determine that officials of the union are not to have access.

Avoiding prejudice regarding offences

This regulation applies where the CAC considers it necessary for the purpose of the prevention, detection or prosecution of criminal offences to determine that officials of the union are not to have access.

Notice period

[Subsections (1)-(3) require the CAC to refuse access if a proposed agreement allows access within the first five working days after the determination or fails to specify the nature of the first entry.]

Duration of agreement

[Subsections (1)-(3) require the CAC to refuse access unless the agreement expires within two years, though it allows for extensions by mutual agreement.]

This chapter lists the conditions under which the CAC is legally required to deny a union's request for workplace access.

Key grounds for mandatory refusal include the employer having fewer than 21 workers, national security risks, or potential interference with criminal investigations.

Additionally, agreements must not exceed a two-year duration or attempt to bypass a minimum five-day initial notice period.

Chapter 2 CIRCUMSTANCES IN WHICH IT IS TO BE REGARDED AS REASONABLE TO REFUSE ACCESS

Reasonable for CAC to refuse access - general

-(1) This regulation applies where an application for a determination is made under section 70ZE (determinations by the CAC) of the 1992 Act.

(2) A CAC determination to refuse access is to be regarded as reasonable, in accordance with section 70ZF(4)(a) of the 1992 Act, where one or more of the following regulations applies-

(a) regulation 13 (overlapping access arrangements);
(b) regulation 14 (multiple access requests);
(c) regulation 15 (health and safety).

Overlapping access arrangements

[Subsections (1)-(7) define overlapping arrangements as situations where workers are already covered by a recognized union, an active recognition request, or an existing access agreement with a different union.]

Multiple access requests

[Subsections (1)-(5) define situations where multiple outstanding requests for the same group of workers are pending.]

Health and safety

This regulation applies where the CAC considers that, if officials of the union were to have access, that might jeopardise the health or safety of any person.

This chapter outlines factors that justify a CAC decision to refuse access on the grounds of reasonableness.

It primarily focuses on preventing operational disruption caused by multiple or conflicting union access requests for the same workforce.

It also grants the CAC discretion to refuse access if it poses a risk to health and safety.

Chapter 3 ADDITIONAL MATTERS

Additional matters

The CAC must have regard to the following matters, where relevant, when considering an application for a determination under section 70ZE of the 1992 Act-

(a) existing arrangements for visitors generally to any workplace covered by the proposed access agreement;
(b) the type of workplace covered by the proposed access agreement;
(c) whether safeguarding provision needs to be included in the proposed access agreement;
(d) where there is a third party whose co-operation is required in order for access to take place, whether the employer has contacted that third party, and taken reasonable steps in order to secure that co-operation.

This section directs the CAC to consider specific contextual factors when making a determination.

These include existing visitor protocols, the physical nature of the workplace, safeguarding requirements, and the role of third parties who may control access to the site.

Chapter 4 TERMS OF AN ACCESS AGREEMENT

Terms that would not unreasonably interfere with an employer's business

The CAC must consider that a term of an access agreement that meets the requirements specified in regulation 18 (frequency of access) would not unreasonably interfere with an employer's business...

Frequency of access

[Subsections (1)-(4) specify that 'weekly access'—whether physical or remote—is deemed not to interfere unreasonably with business, provided a week includes at least four working days.]

Terms that would constitute reasonable steps for an employer

[Specifies that terms regarding facilities and privacy meet the legal standard for reasonable employer steps.]

Accommodation and other facilities

The requirements of this regulation are met where a term... provides that the employer must make available such existing accommodation and other facilities as is reasonable...

Privacy

The requirements of this regulation are met where a term... provides that the employer must ensure, so far as is reasonably practicable, that direct communications between workers and union officials are private.

Terms that it would be reasonable for a union to comply with

[Links notice and identification requirements to the legal standard of reasonableness for unions.]

Notice of access

[Requires two working days' notice for standard visits and five working days' notice for the first visit.]

Identification and other instructions

The requirements... are met where a term... requires that a union official... must comply with all reasonable instructions... including... identification when requested.

This chapter defines the standard terms that must be considered reasonable in an access agreement.

It establishes that weekly access is generally acceptable and requires employers to provide reasonable facilities and ensure private communication.

Conversely, it requires unions to provide minimum notice (usually two days) and mandates that union officials follow reasonable site instructions and provide identification.

Part 4 PENALTIES

Maximum penalty

The amount payable to the CAC under section 70ZI(5)(b) of the 1992 Act in relation to an access agreement may not-

(a) in the case of the first order... exceed £75,000;
(b) in the case of the second order... exceed £150,000;
(c) in the case of the third or any subsequent order... exceed £500,000.

Penalty amount - matters to which the CAC must have regard

[Subsections (1)-(3) require the CAC to consider the gravity, duration, and reason for the failure, the number of workers affected, and the size and resources of the penalized party when setting a fine.]

This part sets out the financial consequences for failing to comply with an access agreement or a CAC order.

It establishes a three-tier maximum penalty system, where fines increase from £75,000 for a first offense up to £500,000 for third and subsequent offenses.

The CAC is directed to adjust the specific fine based on the severity of the breach and the financial resources of the employer or union.

Part 5 Review

-(1) The Secretary of State must from time to time-

(a) carry out a review of these Regulations;
(b) set out the conclusions of the review in a report; and
(c) publish the report.

(2) The report must... assess whether those objectives remain appropriate and... could be achieved with a system that imposes less regulation.

(3) The first report... must be published before the end of the period of five years...

(4) Subsequent reports... are to be published at intervals not exceeding five years.

This section mandates a periodic review of the regulations by the Secretary of State.

The first review must be published within five years of October 2026, with subsequent reviews every five years to evaluate if the regulations are meeting their objectives and if they remain the least burdensome way to achieve those goals.

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