What can you do if you receive a trade union access request?

Many employers are surprised to receive trade union access requests, particularly where staff relations are good and there has been no previous union presence. It is therefore important to be clear at the outset that, although a new statutory access regime is now on the statute book, it is not yet in force. The Government has confirmed that the relevant provisions will be brought into effect by secondary legislation, with commencement currently expected in October 2026. Until then, there is no enforceable statutory right of access, although some unions are already approaching employers in anticipation of the new regime.

The legal framework

The legal framework was introduced by the Employment Rights Act 2025, which inserts a new Chapter 5ZA into the Trade Union and Labour Relations (Consolidation) Act 1992, starting at section 70ZA. The framework gives qualifying, independent trade unions the right to seek access to workplaces in order to meet, recruit, organise, or support workers, or to facilitate collective bargaining.

The right of access is limited to qualifying, independent trade unions. In broad terms, this means a trade union that is lawfully constituted and independent of the employer, and which has an interest in representing workers at the relevant workplace.

The legislation does not require the union to be recognised by the employer, nor does it require the union to demonstrate existing membership among the workforce before seeking access. The threshold is therefore deliberately broad and is intended to ensure workers have the opportunity to hear from a union and decide for themselves whether they wish to engage. Importantly, once in force, the right will apply regardless of how positive existing employee relations may be. Good staff relations are not, in themselves, a basis for refusing or ignoring an access request.

When the regime comes into effect, a union will be able to initiate the process by submitting a formal access request under section 70ZB. Employers will be required to respond and engage with the request in good faith. Ignoring a request, or refusing to engage without justification, will carry legal risk. This is because either party may refer the matter to the Central Arbitration Committee (CAC), which will have the power to determine whether access should be granted and on what terms.

Access does not, however, mean unlimited or uncontrolled entry to the workplace. The legislation contains important safeguards. Section 70ZL makes clear that access must not unreasonably interfere with the employer’s business. Employers are not required to compromise health and safety, security, or confidentiality, nor to incur disproportionate cost or disruption. Unions also have no right to organise industrial action through access arrangements.

What can employers do?

In practice, this means employers can legitimately place boundaries around how access operates. Issues such as the location of meetings, frequency of visits, notice periods, supervision, and whether access takes place during working time are all appropriate matters for discussion and agreement. These are precisely the types of considerations the CAC will take into account if it is asked to intervene.

It is also important to be clear about what access does not mean. Allowing a union to speak to the workforce does not amount to recognising that union for collective bargaining purposes. Recognition remains a separate legal process and is not triggered simply by granting access.

Finally, employers should consider the broader employee relations impact of how they respond. A dismissive or defensive approach may create unnecessary tension, while a measured and transparent response can reinforce confidence in the organisation’s culture and leadership.

Good staff relations still matter, but they are no longer a reason to ignore an access request once the regime is in force. With commencement currently expected in October 2026, employers have a window now to prepare policies and processes that ensure trade union access is managed in a lawful, proportionate, and business‑appropriate way.

If you have questions or concerns about trade union access requests, please contact Marie van der Zyl.