A statutory framework taking effect Oct. 30 gives qualifying independent trade unions a formal route to request workplace access across England, Scotland and Wales, while keeping that right separate from union recognition.
The law requires an independent union to hold a certificate of independence to qualify. Access arrangements can permit physical visits, digital communications or both, giving unions a way to contact workers at their workplaces.
Within an agreed arrangement, unions can communicate with workers, recruit members and provide support or representation. The rules also permit activity connected to collective bargaining, but access cannot be used to organize industrial action. Government guidance says arrangements should account for employers’ reasonable operational needs.
Employers and unions can negotiate the terms. If they cannot reach agreement, either side may apply to the Central Arbitration Committee (CAC) to determine the arrangements. CAC guidance says it cannot accept an application if the employer has fewer than 21 workers overall.
Workplace access does not itself give a union formal recognition to bargain for a group of workers. Recognition follows a separate process. Under changes that took effect in April 2026, a union’s members must represent at least 10% of the proposed bargaining unit for its application to be accepted. A simple majority of votes cast is enough for the union to win a recognition ballot, according to the government’s October 2026 employer bulletin.
The Guardian reported Oct. 30 that Paul Nowak, general secretary of the Trades Union Congress, expects a wave of union recognition in the private sector over the coming year. That outlook concerns recognition, which determines a union’s bargaining status, rather than access under the new framework.
The government bulletin said detailed guidance on employers’ duty to inform workers of their right to join a union was expected in November 2026. Employers must begin giving new workers a written statement about their right to join a union on Jan. 1, 2027, and provide it to existing workers by Apr. 5, 2027.
