Trade unions are set to gain new rights under the Employment Rights Act 2025, and while some businesses may assume these changes won’t affect them, the reality is very different.
For many small business owners, trade unions may feel like something that only affects large organisations. However, upcoming legal changes mean that employers of all sizes need to understand what is changing and what action they need to take.
One of the new requirements will apply to every employer, regardless of size, while another could give trade unions the right to formally request access to your workplace.
Ignoring these changes could be costly, with financial penalties reaching hundreds of thousands of pounds in some circumstances.
So, what do you need to know?
Two Key Changes Employers Need to Be Aware Of
1. Trade Union Access Rights
Subject to parliamentary approval, trade unions will gain new workplace access rights from 30 October 2026.
If your organisation employs 21 or more workers, a trade union may be able to formally request access to your workplace for the purposes of communicating with and organising workers.
Importantly, a union does not need to have existing members within your business to make a request. There is also no minimum membership threshold.
Access could include:
- Physical access to your workplace
- Access to email systems
- Virtual meeting platforms
- Other appropriate digital communication channels
If a request is received, employers will have just 15 working days to respond in writing.
A further period is then available for both parties to negotiate access arrangements. If no agreement can be reached, the matter may be referred to the Central Arbitration Committee (CAC), which has the authority to impose access terms.
One important point to note is that these rights cannot be used to organise industrial action.
Many employment law specialists believe these new access rights are likely to encourage increased union activity within workplaces that have not traditionally had union involvement.
2. Informing Workers of Their Right to Join a Trade Union
The second change affects every employer, regardless of workforce size.
From 1 January 2027, businesses will be required to provide workers with written information confirming their right to join a trade union.
For new starters, this information must be provided alongside their employment particulars.
For existing workers, employers must either provide the information directly or explain where it can be accessed by 5 April 2027.
There will also be a requirement to provide ongoing reminders or updates.
Whilst there is no standalone tribunal claim for failing to comply with this duty, there is still a risk. If an employee successfully brings another qualifying employment tribunal claim, additional compensation could potentially be awarded where an employer has also failed to meet its information obligations.
The Financial Penalties Are Significant
The proposed penalty structure is designed to encourage compliance.
Where employers repeatedly breach the terms of a statutory access agreement, penalties may reach:
- Up to £75,000 for a first breach
- Up to £150,000 for a second breach
- Up to £500,000 for a third and subsequent breaches
Where an agreement covers multiple sites or locations, separate breaches may accumulate, increasing potential exposure considerably.
For most SMEs, these are not figures that can simply be absorbed as a cost of doing business.
What Should Employers Be Doing Now?
The worst time to think about trade union access rights is when a formal request lands on your desk.
Preparation now will make compliance much easier later.
We recommend employers start by:
Reviewing Onboarding Processes
Ensure you’re ready to include the government’s standardised trade union rights statement in your onboarding documentation from January 2027.
Creating a Clear Internal Process
If you employ 21 or more workers, consider documenting how trade union access requests will be managed, including responsibilities, escalation routes and deadlines.
Briefing Line Managers
Managers are often the first people approached when questions arise. Helping them understand the new rules can prevent unnecessary issues and ensure a consistent response.
Listening to Your People
One of the most effective ways to create a positive workplace culture is ensuring employees feel heard, valued and able to raise concerns.
Businesses that actively engage with their people and encourage open communication are often better placed to navigate change and maintain positive working relationships.
Q&A
Do trade unions need members in my workplace before requesting access?
No. Under the proposed rules, a trade union would not need existing members in your workplace before making an access request.
Do the new trade union rules apply to small businesses?
Yes. The requirement to inform workers of their right to join a trade union will apply to all employers, regardless of size.
When do the new trade union access rights start?
The proposed workplace access rights are expected to come into force on 30 October 2026, subject to parliamentary approval.
What happens if an employer ignores a trade union access agreement?
Employers that repeatedly breach statutory access agreements could face significant financial penalties, potentially rising to £500,000.
What should employers do now?
Businesses should review onboarding processes, update employment documentation, brief managers and establish a clear process for handling trade union access requests.
How We Can Help
The new requirements may seem daunting, but with the right preparation they can be managed effectively.
We can help you:
- Update contracts and onboarding documents
- Review handbooks and policies
- Ensure trade union rights information is incorporated correctly
- Develop an internal access request procedure
- Train managers on handling requests appropriately
- Provide practical HR support if a union makes contact
If your business employs 21 or more workers, now is a good time to start preparing.
Call us on 01243 967961 or book a Human First HR Clarity Session below to discuss how these changes may affect your business.
As of 27 September 2026, the workplace access provisions remain subject to parliamentary approval. Guidance may change before implementation, and employers should seek advice on the most current position.
Book a Human‑First HR Clarity Session with me
You’ll leave with:
- Clear, actionable guidance
- A calm, experienced perspective
- Practical options without jargon
- A human‑first approach that protects your business
- No scripts and no sales pitch
