Is Your Business Trade Union Ready?
Unions have, for a long time, operated predominantly in public organisations and larger businesses. Many SMEs have therefore needed little or no understanding of trade union laws and/or union engagement. However, that is all set to change.
From 30 October 2026, a new statutory right of access comes into force. This right will allow union officials to approach a business and request access to meet, support, represent, recruit and/or organise its workers. This can also be done digitally. Whilst the right of access ostensibly applies to all businesses, it is currently anticipated that requests for access are most likely to be received by employers with 21 or more workers.
The process for negotiating access is prescribed by legislation, and the timeframe is tight: employers will have 15 working days to respond to a request and 25 days to negotiate the terms of access. Breaches may result in significant financial penalties of up to £500,000.
The regulators (CAC) will not accept a refusal unless a business meets certain prescribed criteria.
From January 2027, employers will be required to:
Issue a standardised written statement to employees notifying them of their statutory right to join a trade union. The statement, which cannot be altered, must include:
- An explanation of trade union functions.
- A list of recognised trade unions and/or statutory access agreements.
- A summary of statutory rights.
Provide a link, either within the written statement or elsewhere, to the Certification Officer’s list of trade unions.
Issue the written statement to new starters at the same time as their section 1 statement and/or contract of employment.
Ensure the written statement remains continuously available and provide annual updates where applicable.
To prepare, all employers should, as a minimum:
- Update new starter documentation packs to include the written statement.
- Establish arrangements for notifying existing staff of the written statement requirements.
- Implement an internal process for handling trade union access requests.
Whilst it is not yet known whether these new laws will result in a return to the levels of union membership seen in the 1970s, the statutory right of access has the potential to have a profound impact on industrial relations for employers in the future.
If you have any questions about this new right, or any of the other employment law changes introduced by the Employment Rights Act 2025, our team is here to help.