Trade union access rights are changing on 30 October
Guidance from an HR consultant in Camden on the two new trade union obligations every employer needs to prepare for before 30 October 2026.
As a small business owner, you've probably never had to think about trade unions.
The Employment Rights Act changes that. Two new obligations take effect on 30 October, and one of them applies to every employer in the country regardless of size.
The penalties for getting it wrong can reach £500,000.
Here's what you need to know and what to do about it.
Every employer now has a written notification duty
From 30 October, all employers must provide workers with a separate written statement confirming their right to join a trade union. The size of your business is irrelevant. Whether you have two employees or two hundred, you need to comply.
This statement must sit alongside the section 1 statement of employment particulars that you already provide. It cannot be folded into the employment contract or buried inside your staff handbook. It needs to be a standalone document.
For anyone joining your business after 30 October, the statement must be provided from day one. Existing workers will also need to receive it at intervals that regulations will specify.
There's no direct tribunal claim if you fail to issue this statement on its own. However, if a worker brings a successful claim against you for any other reason, the tribunal can add between two and four weeks' pay as an additional award if you were also in breach of this duty. It's a simple line for a claimant's solicitor to add, and it costs you money.
Workplace access rights for unions with 21 or more workers
The second obligation is more substantial. If your business employs 21 or more workers across all sites combined, trade unions now have a statutory right to request access to your workplace.
A few points worth understanding here.
The 21-worker threshold counts all workers, not just employees. The legal definition of "worker" is broader and can include certain contractors and casual staff. The count covers your entire organisation, not individual locations.
A union does not need to have any existing members at your workplace before making a request. There is no minimum membership requirement. Any union can approach a qualifying employer and ask for access to recruit and organise.
Access covers both physical entry to your premises and digital channels. That includes your email system and virtual meeting platforms.
Once you receive a formal request, you have 15 working days to respond in writing. Following that, there is a 25-working-day negotiation period to agree terms with the union. If you can't reach agreement, the union can refer the matter to the Central Arbitration Committee (CAC), which has the authority to impose access arrangements on your business.
One important limitation: the access right cannot be used to organise industrial action.
This new access right follows the reduced union recognition thresholds that came into effect in April. It is widely expected to be the primary route unions will use to build membership in workplaces where they don't currently have a presence, with the longer-term aim of seeking formal recognition.
The financial penalties escalate quickly
The penalty framework has been designed to prevent employers from simply absorbing fines as a cost of non-compliance.
If the CAC imposes access terms and you breach them, the consequences increase with each offence:
A first breach can result in a penalty of up to £75,000
A second breach raises the ceiling to £150,000
From the third breach onwards, each individual violation can attract a fine of up to £500,000
Breaches are counted separately. If your access agreement spans multiple sites, violations at different locations are treated cumulatively. The financial exposure grows rapidly for businesses operating across several premises.
Practical steps to take before 30 October
Waiting until a union request arrives before you start preparing is a poor strategy. The 15-working-day response deadline leaves very little room to develop a considered approach from scratch.
Here is what I'd recommend putting in place now.
Revise your onboarding paperwork. Add the trade union rights statement as a separate document within your new starter pack. Make sure it sits alongside the section 1 statement rather than being absorbed into other documentation.
Create an internal procedure for handling access requests. If you employ 21 or more people, decide now who in your business will be responsible for receiving and responding to a union access request. Map out the response timelines so that everyone involved understands the process.
Prepare your managers. An off-the-cuff remark from a line manager when a union official makes contact could create unnecessary legal exposure. Brief your management team on what to do and what to avoid if they are approached.
Consider your employee engagement. Businesses where people feel genuinely listened to are far less likely to see a union access request gain traction. If your workforce doesn't currently have a meaningful way to raise concerns and feel heard, that's worth addressing. Good employee engagement isn't just a retention tool; it's one of the most effective ways to reduce the likelihood of union organising taking hold in your business.
As part of our HR consultancy services in Camden, we regularly support business owners in thinking through these kinds of operational and strategic people decisions.
Questions worth asking yourself
Before 30 October arrives, it's worth reflecting on where your business currently stands:
Do your onboarding documents already include a standalone trade union rights statement, or will you need to create one?
If a union access request arrived tomorrow, does anyone in your business know what to do with it?
Are your managers clear on how to respond if a union official contacts them directly?
Do your employees have genuine channels to raise concerns and provide feedback?
These are straightforward questions, but answering them honestly will tell you how much work you have ahead of you.
How I can help
I can review and update your employment contracts and onboarding documentation to include the required trade union information. If you employ 21 or more workers, I can also draft an internal access request procedure tailored to your business and advise you on how to respond if a union makes contact.
Preparing for these changes now means you won't be caught off guard when the deadline passes.
As an outsourced HR consultant in London, I work with small and growing businesses to ensure they stay ahead of legislative changes like these.
If you'd like to discuss how these new obligations affect your business, please get in touch to arrange a conversation. The sooner you start preparing, the more control you'll have over the process.
Get in touch with Progressive HR Solutions to book an initial conversation.
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