The Employment Rights Act 2025 has significantly strengthened trade union access rights in the UK, increasing the legal obligations on employers when unions request access to their workforce.
For UK employers with 21 or more employees, including those operating in England, Wales and Scotland, union access requests are no longer something that can be ignored, delayed or informally refused without legal risk.
This article explains what has changed, who is affected, and what employers should do now to remain compliant and protect their industrial relations strategy.
What Is Union Access Under the Employment Rights Act 2025?
Union access refers to a trade union’s statutory right to communicate with, recruit and organise workers, even where the union is not recognised by the employer.
Under the Employment Rights Act 2025, trade union access may include:
- Physical access to the workplace
- Meetings with workers (including during working time, where reasonable)
- Digital access, such as email or internal communication platforms
Crucially, union access is separate from trade union recognition. Allowing access does not mean an employer is recognising the union for collective bargaining purposes.
Which UK Employers Are Affected?
The strengthened union access regime applies to employers with 21 or more employees.
This threshold captures many private sector employers who may not previously have engaged with trade unions, including:
- SMEs and growing businesses
- Employers with no history of union activity
- Employers operating multiple sites across the UK
For employers above this threshold, failing to engage reasonably with a union access request can trigger enforcement action, even where no recognition claim is being pursued.
What Has Changed for Employers in England, Wales and Scotland?
The Employment Rights Act 2025 places greater emphasis on:
- Good-faith engagement with union access requests
- Transparency and proportionality in employer decision-making
- Stronger enforcement powers, including binding orders and penalties
Employer conduct is now subject to closer scrutiny by the Central Arbitration Committee (CAC) across Great Britain, including Scotland.
A default refusal, delay, or inconsistent treatment of union officials is far more likely to result in legal consequences than under the previous framework.
What Employers Should Do Now
If you receive a union access request, UK employers should take the following steps:
1. Do Not Ignore or Automatically Refuse
An outright “no” significantly increases legal and reputational risk.
2. Take Advice Before Responding
Early responses often determine the outcome of any later CAC involvement.
3. Focus on Managing Access, Not Blocking It
The legal question is rarely whether access must be allowed, but how it is structured.
4. Offer Reasonable, Controlled Access
This may include:
- Defined locations
- Limited time windows
- Digital access instead of physical access, where appropriate
5. Train Managers and HR Teams
Union access is now a protected activity. Informal comments or actions by managers frequently create liability.
6. Keep Clear Records
Document how decisions were reached and why proposed arrangements are reasonable.
Risks and Enforcement Under the Employment Rights Act 2025
Employers who mishandle union access requests may face:
- Complaints to the Central Arbitration Committee (CAC)
- Legally binding CAC orders imposing access arrangements
- Financial penalties for non-compliance
- Increased exposure to detriment and unfair treatment claims
The CAC will assess whether employer actions appear designed to discourage union engagement, particularly in early-stage access discussions.
Union Access as Part of a Wider Industrial Relations Strategy
Union access should be treated as an early warning indicator, not an isolated compliance issue.
UK employers should use access requests to:
- Assess workforce engagement and sentiment
- Review pay, progression and consultation mechanisms
- Stress-test existing industrial relations strategies
- Decide in advance how they will lawfully engage, accommodate or resist
Prepared employers retain control. Unprepared employers react under pressure.
How We Can Help
LBJ Consultants support UK employers, including those operating in Scotland, with:
- Responding to union access requests
- Drafting lawful access protocols
- Training managers and HR teams
- Developing union readiness and industrial relations strategies
Call 07984 568523 to discuss how we can help you.
Employer Checklist: Managing Union Access Requests Under the Employment Rights Act 2025
A practical compliance and risk checklist for UK employers with 21+ employees
Union Access Compliance Checklist
For UK employers (Scotland)
Use this checklist if you have received — or anticipate receiving — a trade union access request.
1. Initial Assessment
☐ Do we employ 21 or more employees?
☐ Have we identified whether the request is for access, not recognition?
☐ Have we confirmed who the request is from and what access is being sought?
☐ Have we avoided informal or off-the-record responses?
2. Legal & Risk Review
☐ Have we taken advice before responding?
☐ Are we clear that union access is a protected activity under the Employment Rights Act 2025?
☐ Have we considered CAC scrutiny if the matter escalates?
☐ Have we assessed potential detriment or victimisation risks?
3. Structuring Union Access (Control the Process)
☐ Have we proposed reasonable access arrangements, rather than refusing?
☐ Have we considered:
- ☐ Location of access
- ☐ Timing and duration
- ☐ Physical vs digital access
☐ Are our proposals operationally justified and proportionate?
4. Manager & HR Readiness
☐ Have managers been briefed on what they can and cannot say?
☐ Are managers aware that discouraging union activity creates legal risk?
☐ Is HR aligned on a single, consistent response?
5. Documentation & Evidence
☐ Have we recorded how decisions were made?
☐ Can we evidence good-faith engagement if challenged?
☐ Are communications professional, neutral and consistent?
6. Strategic Considerations
☐ Have we assessed workforce sentiment and engagement gaps?
☐ Are pay, progression and consultation arrangements robust?
☐ Do we have a wider union readiness or industrial relations strategy?
☐ Have we considered whether access could accelerate recognition efforts?
7. Ongoing Review
☐ Are policies on site access and communications up to date?
☐ Are future access requests likely?
☐ Do we need training or external support?
⚠️ Reminder:
Ignoring, delaying or refusing a union access request without justification can result in:
- CAC complaints
- Binding access orders
- Financial penalties
- Detriment or unfair treatment claims
If you are unsure how to respond to a union access request, take advice earlycall us on 08984 568523
