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The Trade Unions (Right to Access Workplaces) Regulations 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780348285321

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 293(4) and (5) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), for approval by resolution of each House of Parliament.

TRADE UNIONS

Made ***

Coming into force 30th October 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 70ZC, 70ZE(5)(b), 70ZF(3), (4), (5) and (6), 70ZJ, 70ZN and 293(1) and (2) of the Trade Union and Labour Relations (Consolidation) Act 1992f1.

A draft of these Regulations was laid before Parliament in accordance with section 293(4) and (5) of the Trade Union and Labour Relations (Consolidation) Act 1992 and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1992 c. 52. Chapter 5ZA (comprising sections 70ZA to 70ZN) of that Act was inserted by section 59 of the Employment Rights Act 2025 (c. 36).

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: PRIOR TO ENTERING INTO AN ACCESS AGREEMENT: TIME PERIODS
  5. 3Response period
  6. 4Negotiation period
  7. 5Application period for a determination by the CAC
  8. Part 3: DETERMINATIONS BY THE CAC
  9. Chapter 1: CIRCUMSTANCES IN WHICH ACCESS MUST BE REFUSED
  10. 6Access must be refused - general
  11. 7Number of workers
  12. 8National security
  13. 9Avoiding prejudice regarding offences
  14. 10Notice period
  15. 11Duration of agreement
  16. Chapter 2: CIRCUMSTANCES IN WHICH IT IS TO BE REGARDED AS REASONABLE TO REFUSE ACCESS
  17. 12Reasonable for CAC to refuse access - general
  18. 13Overlapping access arrangements
  19. 14Multiple access requests
  20. 15Health and safety
  21. Chapter 3: ADDITIONAL MATTERS
  22. 16Additional matters
  23. Chapter 4: TERMS OF AN ACCESS AGREEMENT
  24. 17Terms that would not unreasonably interfere with an employer’s business
  25. 18Frequency of access
  26. 19Terms that would constitute reasonable steps for an employer
  27. 20Accommodation and other facilities
  28. 21Privacy
  29. 22Terms that it would be reasonable for a union to comply with
  30. 23Notice of access
  31. 24Identification and other instructions
  32. Part 4: PENALTIES
  33. 25Maximum penalty
  34. 26Penalty amount - matters to which the CAC must have regard
  35. Part 5: Review
  36. 27Review
  37. Signature
  38. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Trade Unions (Right to Access Workplaces) Regulations 2026 and come into force on 30th October 2026.

(2)

These Regulations extend to England and Wales and Scotland.

2Interpretation

In these Regulations—

  • “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992;

  • “CAC” means the Central Arbitration Committeef1;

  • “union” means “unions” in cases where two or more unions make a joint application for an access agreement;

  • “working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971f2.

3Response period

(1)

This regulation applies where a qualifying trade unionf1 gives an employer an access requestf2.

(2)

The response period prescribed for the purposes of section 70ZC(a)f3 of the 1992 Act ends at the end of the 15th working day after the day on which the access request is given.

4Negotiation period

(1)

This regulation applies where an employer gives a union a response noticef1.

(2)

The negotiation period prescribed for the purposes of section 70ZC(b)f2 of the 1992 Act ends at the end of the 25th working day after the day on which the response notice is given.

5Application period for a determination by the CAC

(1)

This regulation applies where—

(a)

a qualifying trade union gives an employer an access request, and

(b)

section 70ZE(1)(determinations by the Central Arbitration Committee) of the 1992 Act appliesf1.

(2)

The period prescribed for the purposes of section 70ZE(5)(b)f2 of the 1992 Act ends at the end of the 55th working day after the day on which the access request is given.

(3)

But where the CAC is satisfied that it was not reasonably practicable for a party to apply for a determination under section 70ZE of the 1992 Act before the end of that period, the period prescribed ends at the end of the 70th working day after the day on which the access request is given.

6Access must be refused - general

(1)

This regulation applies where an application for a determination is made under section 70ZE (determinations by the CAC) of the 1992 Act.

(2)

The CAC must make a determination to refuse access, as described in section 70ZF(4)(b) (determinations by the CAC: further provision) of the 1992 Act, where one or more of the following regulations applies—

(a)

regulation 7 (number of workers);

(b)

regulation 8 (national security);

(c)

regulation 9 (avoiding prejudice regarding offences);

(d)

regulation 10 (notice period);

(e)

regulation 11 (duration of agreement).

7Number of workers

(1)

This regulation applies where the employer, taken with any associated employerf1 or employers, employs—

(a)

fewer than 21 workers on the day on which the employer receives the access request made under section 70ZB(1) of the 1992 Act; and

(b)

an average of fewer than 21 workers in the 13 weeks ending with that day.

(2)

To find the average for the purposes of paragraph (1)(b)—

(a)

take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of a week);

(b)

aggregate the 13 numbers; and

(c)

divide the aggregate by 13.

(3)

For the purposes of paragraph (1)(a) any worker employed by an associated employer in a company incorporated outside Great Britain must be ignored unless the day on which the request was made fell within a period during which that worker ordinarily worked in Great Britain.

(4)

For the purposes of paragraph (1)(b) any worker employed by an associated employer in a company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which that worker ordinarily worked in Great Britain.

(5)

For the purposes of paragraphs (3) and (4) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995f2 shall be treated as ordinarily working in Great Britain unless—

(a)

the ship’s entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging;

(b)

the employment is wholly outside Great Britain, or

(c)

the worker is not ordinarily resident in Great Britain.

(6)

Paragraph (7) applies to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations 2010 (contract with the temporary work agency)f3 is not a contract of employment.

(7)

For the purposes of paragraphs (1) and (2), the agency worker is to be treated as having a contract of employment with the temporary work agency for the duration of the assignment with the employer (and “assignment” has the same meaning as in those Regulations).

8National security

This regulation applies where the CAC considers it necessary in the interests of national security to determine that officials of the union are not to have accessf1.

9Avoiding prejudice regarding offences

This regulation applies where the CAC considers it necessary for the purpose of the prevention, detection or prosecution of criminal offences to determine that officials of the union are not to have access.

10Notice period

(1)

This regulation applies where the proposed access agreementf1 would enable officials of the union to have access to workers at any time during the notice period described in paragraph (2).

(2)

For the purposes of paragraph (1), the notice period begins on the day on which the CAC makes a determination under section 70ZE of the 1992 Act and ends at the end of the fifth working day after that day.

(3)

This regulation also applies where the proposed access agreement provides for physical entry into a workplace and for communication with workers by means not involving physical entry into a workplace but does not also state whether the first occasion of access is to involve physical entry into a workplace.

11Duration of agreement

(1)

This regulation applies unless the proposed access agreement satisfies the requirements of paragraph (2).

(2)

The requirements of this paragraph are satisfied where the proposed access agreement makes provision that the access agreement automatically expires no later than two years after the date on which—

(a)

it is entered into; or

(b)

it is treated as having been entered into under section 70ZE of the 1992 Act.

(3)

The requirements of paragraph (2) are still satisfied where the proposed access agreement makes provision for the extension of the access agreement beyond that two year period, by agreement between the parties, and in accordance with the requirements of section 70ZGf1 of the 1992 Act.

12Reasonable for CAC to refuse access - general

(1)

This regulation applies where an application for a determination is made under section 70ZE (determinations by the CAC) of the 1992 Act.

(2)

A CAC determination to refuse access is to be regarded as reasonable, in accordance with section 70ZF(4)(a) of the 1992 Act, where one or more of the following regulations applies—

(a)

regulation 13 (overlapping access arrangements);

(b)

regulation 14 (multiple access requests);

(c)

regulation 15 (health and safety).

13Overlapping access arrangements

(1)

This regulation applies where the CAC considers that a determination that officials of the union are to have access is likely to result in overlapping access arrangements.

(2)

For the purposes of paragraph (1) overlapping access arrangements occur where—

(a)

one or more of paragraphs (3), (4) and (5) applies; and

(b)

at least one worker who is within the scope of the access request is also within the scope of the—

(i)

recognition referred to in paragraph (3);

(ii)

request described in paragraph (4); or

(iii)

access agreement described in paragraph (5).

(3)

This paragraph applies where the employer recognisesf1 a qualifying trade union but does not recognise the union which made the access request.

(4)

This paragraph applies where—

(a)

the employer has received a valid request, in accordance with paragraphs 5 to 8 in Part 1 (Recognition) of Schedule A1 (Collective Bargaining Recognition) to the 1992 Act, seeking recognition under paragraph 4 of that Schedule; and

(b)

there are further stepsf2 that can be taken under Part 1 of Schedule A1 to the 1992 Act in respect of the request seeking recognition, or any application to the CAC which relates to that request.

(5)

This paragraph applies where the employer has an access agreement with a qualifying trade union.

(6)

For the purposes of paragraph (2)(b) a worker is within the scope of—

(a)

an access request referred to in the opening words of paragraph (2)(b), where the access purposef3 of the access requested indicates (or, as the case may be, the access purposes of the access requested indicate) that the access agreement sought would provide for communication between the union and that worker;

(b)

the recognition referred to in paragraph (2)(b)(i), where the worker is within a bargaining unit which is the subject of that recognition;

(c)

the request referred to in paragraph (2)(b)(ii), where the worker is within the proposed bargaining unit identified in that request;

(d)

the access agreement referred to in paragraph (2)(b)(iii), where that access agreement provides for communication between the union and that worker.

(7)

For the purposes of this regulation the reference to—

(a)

“bargaining unit” in paragraph (6)(b) is to the group of workers (or the groups taken together) to which the agreement for recognition to which paragraph (3) applies relates;

(b)

“proposed bargaining unit” in paragraph (6)(c) is to the group of workers (or the groups taken together) to which the request for recognition to which paragraph (4) applies relates.

14Multiple access requests

(1)

This regulation applies where, in addition to the access requestf1 which is the subject of the application referred to in regulation 12(1), there is at least one access request to which both paragraphs (2) and (3) apply.

(2)

This paragraph applies if—

(a)

the access request is made to the same employer as the access request which is the subject of the application referred to in regulation 12(1); and

(b)

at least one worker who is within scope of the access request is also within scope of the access request that is the subject of the application referred to in regulation 12(1).

(3)

This paragraph applies if the access request is outstanding.

(4)

An access request is outstanding unless one or more of the following occur in respect of that request—

(a)

an access agreement is entered into under section 70ZD of the 1992 Act;

(b)

the period prescribed for the purposes of section 70ZE(5)(b) of the 1992 Act ends without an application for a determination under section 70ZE of the 1992 Act having been made;

(c)

the CAC makes a determination under section 70ZE(2)f2 of the 1992 Act.

(5)

For the purposes of paragraph (2)(b) a worker is within the scope of an access request where the access purpose of the access requested indicates (or, as the case may be, the access purposes of the access requested indicate) that the access agreement sought would provide for communication between the union and that worker.

15Health and safety

This regulation applies where the CAC considers that, if officials of the union were to have access, that might jeopardise the health or safety of any person.

16Additional matters

The CAC must have regard to the following matters, where relevant, when considering an application for a determination under section 70ZE of the 1992 Act—

(a)

existing arrangements for visitors generally to any workplace covered by the proposed access agreement;

(b)

the type of workplace covered by the proposed access agreement;

(c)

whether safeguarding provision needs to be included in the proposed access agreement;

(d)

where there is a third party whose co-operation is required in order for access to take place, whether the employer has contacted that third party, and taken reasonable steps in order to secure that co-operation.

17Terms that would not unreasonably interfere with an employer’s business

The CAC must consider that a term of an access agreement that meets the requirements specified in regulation 18 (frequency of access) would not unreasonably interfere with an employer’s business, in accordance with section 70ZF(3)(a) of the 1992 Act.

18Frequency of access

(1)

The requirements of this regulation are met where a term of an access agreement provides that union officials can have weekly access to workers.

(2)

For the purposes of paragraph (1)—

(a)

where an access agreement makes provision for access only by physical entry into a workplace, weekly access means that physical entry is permitted once every week for the duration of the access agreement;

(b)

where an access agreement makes provision for access only by means not involving physical entry into a workplace, weekly access means that meeting with workers and communicating with them by means not involving physical entry is permitted once every week for the duration of the access agreement;

(c)

where an access agreement makes provision for access both by physical entry into a workplace and by means not involving physical entry into a workplace, weekly access means that, once every week for the duration of the access agreement, access is permitted by physical entry or by meeting with workers and communicating with them by means not involving physical entry.

(3)

Where an access agreement makes the provision described in paragraph (2)(c), it may provide that it is for the union to decide whether the access each week is to be by physical entry or by meeting with workers and communicating with them by means not involving physical entry.

(4)

For the purposes of this regulation a week must include at least four working days.

19Terms that would constitute reasonable steps for an employer

The CAC must consider that a term of an access agreement that meets the requirements specified in regulation 20 (accommodation and other facilities) or 21 (privacy) is a term that would constitute a reasonable step or (as the case may be) reasonable steps that an employer should take to facilitate access, in accordance with section 70ZF(3)(b) of the 1992 Act.

20Accommodation and other facilities

The requirements of this regulation are met where a term of an access agreement provides that the employer must make available such existing accommodation and other facilities as is reasonable in all the circumstances to enable access to take place in accordance with the access agreement.

21Privacy

The requirements of this regulation are met where a term of an access agreement provides that the employer must ensure, so far as is reasonably practicable, that direct communications between workers and union officials are private.

22Terms that it would be reasonable for a union to comply with

The CAC must consider that a term of an access agreement that meets the requirements specified in regulation 23 (notice of access) or regulation 24 (identification and other instructions) is a term that it would be reasonable for a union to comply with, in accordance with section 70ZF(3)(c) of the 1992 Act.

23Notice of access

(1)

Subject to paragraph (2), the requirements in this regulation are met where—

(a)

a term of an access agreement requires that the union provides a minimum of two working days’ notice to the employer prior to each occasion of access taking place; and

(b)

where an access agreement provides for physical entry into a workplace and also communication with workers by means not involving physical entry into a workplace, the notice described in sub-paragraph (a) must also state whether the access is to be via physical entry to the workplace or by other means.

(2)

Paragraph (1) does not apply to the first occasion on which access is to take place under an access agreementf1 and, on that occasion, the requirement in this regulation is met where a term of the access agreement requires that the union provides a minimum of five working days’ notice to the employer prior to access taking place.

24Identification and other instructions

The requirements of this regulation are met where a term of an access agreement requires that a union official seeking access must comply with all reasonable instructions given by the employer, which may include an instruction that a union official must provide identification when requested.

25Maximum penalty

The amount payable to the CAC under section 70ZI(5)(b) of the 1992 Act in relation to an access agreement may not—

(a)

in the case of the first order made by the CAC under that subsection in relation to that access agreement, exceed £75,000;

(b)

in the case of the second order made by the CAC under that subsection in relation to that access agreement, exceed £150,000;

(c)

in the case of the third or any subsequent order made by the CAC under that subsection in relation to that access agreement, exceed £500,000.

26Penalty amount - matters to which the CAC must have regard

(1)

When considering what amount is payable under an order requiring a person to pay an amount to the CAC under section 70ZI(5)(b) of the 1992 Act in relation to an access agreement, the CAC must have regard to the following matters—

(a)

the gravity of the failure;

(b)

the period of time over which that failure occurred;

(c)

the reason for that failure;

(d)

the number of workers affected by that failure;

(e)

the size and resources of the person; and

(f)

whether there have been any previous failures by the person to comply with any requirements under any access agreement entered into under section 70ZD of the 1992 Act or treated as having been entered into under section 70ZE of the 1992 Act.

(2)

Where the person described in paragraph (1) is a party to that access agreement the failure referred to in paragraph (1)(a) is the failure to comply with either or both of the following—

(a)

that access agreement;

(b)

any order made by the CAC under section 70ZH(3)(c) of the 1992 Act requiring that person to take specified steps for the purposes of ensuring that access takes place in accordance with that agreement.

(3)

Where the person described in paragraph (1) is not a party to that access agreement, and was the subject of the initial complaint made under section 70ZH(1)(b) of the 1992 Act in relation to that access agreement, the failure referred to in paragraph (1)(a) is the failure to do either or both of the following—

(a)

enable access, by taking steps to prevent access or otherwise preventing access from taking place in accordance with that access agreement;

(b)

comply with any order made by the CAC under section 70ZH(3)(c) of the 1992 Act requiring that person to take specified steps for the purposes of ensuring that access takes place in accordance with that access agreement.

27Review

(1)

The Secretary of State must from time to time—

(a)

carry out a reviewf1 of these Regulations;

(b)

set out the conclusions of the review in a report; and

(c)

publish the report.

(2)

The report must in particular—

(a)

set out the objectives intended to be achieved by these Regulations;

(b)

assess the extent to which those objectives are achieved; and

(c)

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3)

The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(4)

Subsequent reports under this regulation are to be published at intervals not exceeding five years.

Signature

Name

Title

Department for Business and Trade

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations form part of the package of legislation that provides for access agreements between trade unions and employers, which enable trade union officials to physically enter workplaces or to communicate with workers by other means. For these purposes, communication with workers includes the provision of information to workers by any means, whether direct or indirect.

Part 1 makes general provision.

Part 2 prescribes the relevant time periods: a) within which an employer must respond to an access request; b) that the parties have to negotiate an access agreement; c) for applying to the Central Arbitration Committee (“the CAC”) for a determination on access (where the parties have not agreed an access agreement).

Chapter 1 of Part 3 sets out the circumstances in which the CAC must refuse access. Chapter 2 sets out the circumstances in which it is to be regarded as reasonable for the CAC to refuse access. Chapter 3 sets out additional matters to which the CAC must have regard. Chapter 4 makes provision in relation to terms of an access agreement, and sets out which terms the CAC must consider are terms that: a) would not unreasonably interfere with an employer’s business; b) would constitute reasonable steps for an employer to take; and c) it would be reasonable for a union to comply with.

Part 4 deals with the maximum penalties that can be imposed by the CAC, and matters to which the CAC must have regard when considering the level of any penalty imposed.

Part 5 provides for a review of these Regulations, in line with the requirements of section 28 of the Small Business, Enterprise and Employment Act 2015.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A de minimis assessment has been produced and is available at www.gov.uk. Printed copies can be obtained from the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.