Trade unions are about to get a new right to access to workplaces which could be one of the most significant changes under the ERA 2025. We talk through the forthcoming statutory right of access under the Employment Rights Act 2025, expected to arrive in October 2026, and why it changes the long-standing reality that employers could simply refuse access unless they chose to agree. 

We unpack what we know so far: who the right applies to (including the 21-worker threshold applied at company level), what a “workplace” can mean, and the permitted purposes for access such as meeting, supporting, representing, recruiting and facilitating collective bargaining. We also highlight what is explicitly not permitted, including using the right to organise industrial action, and why privacy expectations mean employers cannot simply sit in and listen. 

The practical detail is where HR teams and leaders will win or lose time and money. We walk through the code-led steps, from voluntary agreements and potential ACAS support, to formal access requests, the 15-working-day response deadline, the negotiation window, and when a dispute can be referred to the Central Arbitration Committee (CAC). We also explore what access might look like day to day, including notice requirements, reasonable workplace instructions, and the growing question of digital access through tools like Teams or Zoom and the limits around significant changes to premises or IT systems. 

Finally, we look at enforcement, including CAC complaints and eye-watering fines, and we share three practical tips to help you prepare: review what you already have, get your internal response team and templates ready, and keep an eye on further regulations as they land. Subscribe, share, and leave us a review, then tell us what part of union access you are planning for first.

For the latest updates and guidance, visit Browne Jacobson's Employment Rights Act 2025 hub at brownejacobson.com/employment-rights-act