Rights of trade unions to access at work

Trade unions and employers should work together to agree how trade unions can access workers. Many already have voluntary agreements about access.

Even if there is not a voluntary agreement, trade unions still have the right to access workers.

The Department for Business, Innovation, Science and Trade published a new Code of Practice on the right of trade unions to access workplaces (PDF, 522KB) on 30 October 2026. It introduces a new statutory process for requesting and negotiating access agreements.

Trade unions have the right to access workers. That means in most cases negotiation should be about working out how to accommodate the access request. The Code also says what happens if the parties cannot agree.

Access could mean meeting workers at their workplace, communicating with them digitally, or both. 

The trade union must include specific information in their request. The employer must respond to the request within 15 working days. They must provide reasons for their decision if they reject all or part of the request. The employer should also provide relevant information to the trade union throughout the process.

If an agreement is reached, the trade union and employer should tell the Central Arbitration Committee (CAC). If they cannot agree, either party can apply to the Central Arbitration Committee.

How to use this advice

This advice is for employers, trade unions and trade union representatives.

Employers, trade unions and representatives must follow the law when requesting and negotiating a statutory access agreement. The Code of Practice on the right of trade unions to access workplaces (PDF, 522KB) sets out how this should be done. The Central Arbitration Committee will take this into account in any relevant claims.

What access means

A trade union and employer agree access arrangements so that the trade union can:

• talk to workers
• organise workers

This could mean meeting workers at work, communicating with them digitally, or both. Digital access must not be used to replace or avoid physical access.

More than one trade union can request access to the same workers. Workers can be trade union members, or non-members.

A trade union can be recognised or non-recognised. An employer might already have a recognised trade union. In this case, the Central Arbitration Committee would not grant an access request from a non-recognised trade union.

Accommodating physical access

Physical access should usually take place at the workplace, where the workers carry out their work. It should take place during normal working hours.

Depending on the workplace, physical access could take place in:

• a meeting room, staff room or break area
• a canteen or another suitable communal area
• a depot, site meeting or briefing
• another suitable area close to where the workers work

The employer and trade union should consider any health, safety, security or safeguarding requirements.

Sometimes workers carry out their work at locations controlled by another organisation. The employer should try to arrange access with the organisation responsible for those locations.

Accommodating digital access

Digital access can be provided through communication channels the employer already uses, such as:

• email
• an intranet
• an online meeting
• a messaging or collaboration platform

The parties can agree to use other suitable channels. However, digital access must not be used as a way to replace or avoid physical access.

Online access meetings should take place during normal working hours.

Privacy and access

Employers must make sure trade union representatives and workers can meet and communicate in private. Employers must not:

• attend access meetings unless invited
• listen in on meetings
• record online meetings
• monitor attendance
• monitor engagement with trade union communications
• pressure workers to tell them what happened at an access meeting

What access can be used for

Trade unions can request access to workers so that they can:

• facilitate collective bargaining
• support and represent workers with grievances or problems at work
• introduce themselves and try to recruit new members
• meet workers through drop-ins, surgeries, presentations and question and answer sessions
• walk freely around the workplace to meet workers
• communicate digitally with communication channels used by the employer
• visit different workplaces and sites covered by the same employer
• find out what workers want or what their concerns are at work
• engage all types of worker, including shift workers, homeworkers, part-time workers and those on leave

Access cannot be used specifically to organise industrial action.

Existing trade union agreements might already allow for some regular access to workers. But recognised trade unions can still request further access using the new statutory process.

Trade unions do not have to be recognised to request access to workers. Non-recognised trade unions can also apply to the Central Arbitration Committee when negotiations fail. The aim is to give all workers a fair opportunity to hear from and engage with trade unions.

What a good access agreement might include

An effective access agreement should include:

• who is covered by the agreement, including the workplaces and workers involved
• how access will take place 
• where access will happen, including locations and communication channels
• the frequency of access visits, notice periods and arrangements for different working patterns (such as shifts, homeworking, mobile work, and leave)
• what facilities and support will be available, such as meeting rooms, equipment, digital platforms, noticeboards, and administrative help
• how privacy, data protection, and confidentiality will be managed, including any monitoring, recording, or use of personal data
• health, safety, security, and site requirements, including identification, induction, safeguarding, personal protective equipment (PPE), and local rules where relevant
• how access will be managed where another organisation controls the premises
• key contacts and day-to-day management arrangements, including deputies and processes for handling changes or cancellations
• how issues will be resolved, including raising concerns and dealing with alleged breaches of the agreement
• how the agreement will be reviewed and maintained, including record-keeping, reporting requirements, changes, renewal, and end date