Employers could face fines of up to £500,000 for serious breaches of new trade union workplace access rules due to take effect in October, the Trades Union Congress (TUC) has warned.
The new statutory framework will give independent trade unions the right to request access to workplaces to recruit, organise, support and represent workers, including where the employer does not already recognise the union.
New legal framework for access
Access can take place physically, digitally or through a combination of the two. Where an employer and union cannot agree arrangements, either side will be able to refer the matter to the Central Arbitration Committee (CAC), the independent body that oversees statutory trade union recognition and collective bargaining disputes.
The TUC’s General Council Report 2026 says the government has set a £500,000 maximum fine for the most serious breaches of statutory access arrangements. It says penalties could also be imposed for multiple individual breaches of the code.
The measures form part of the Employment Rights Act 2025 and are expected to come into force on 30 October, subject to parliamentary approval. The government laid secondary legislation and a revised statutory code of practice before Parliament in July.
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Under the system, an independent union will be able to make a formal request for access to one or more workplaces. Employers and unions will initially be expected to negotiate the terms themselves.
Digital access could include an online meeting facilitated by an employer or an email distributed to workers on behalf of a union. The new rights are intended to allow unions to communicate with employees in workplaces where they previously had no formal access.
The access provisions will arrive alongside another significant change for employers. From 30 October, organisations will be required to give workers a written statement informing them of their right to join a trade union. Further government guidance on the duty is expected in September.
The government has advised employers to familiarise themselves with the statutory code, consider how union access can be accommodated alongside operational requirements and develop processes for hosting union officials.
The October package will also strengthen rights for workplace union representatives, including reasonable paid time off for union equality representatives and reasonable access to facilities needed to carry out their duties. Workers will gain additional protection against detriment for participating in industrial action.
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Union strategy for growth
The TUC, which represents nearly 5.5 million workers through 47 affiliated unions, sees the new access rights as an opportunity to expand union membership and collective bargaining.
Its General Council Report says regulations and the code covering access were laid before Parliament in July in preparation for implementation in October. The TUC has also been involved in government consultations on access rights and the information employers will be required to give workers about joining a union.
TUC general secretary Paul Nowak said in his introduction to the report that union membership had risen by almost 200,000 and described the combination of growing membership and new statutory rights as an opportunity for unions to expand.
“As the landmark Employment Rights Act comes into force, including new rights for unions to access workplaces, we have a unique opportunity to go for growth,” he said.
“With union membership on an upward trajectory and important new rights on the statute book, we have a real opportunity to shape a better future. Let’s seize it.”
