From 30 October 2026, section 59 of the Employment Rights Act 2025 introduces a new right for an independent trade union (whether or not it is recognised or has any members in the workforce) to request physical or digital access to a workplace for the purposes of meeting, supporting, representing, recruiting or organising workers, and facilitating collective bargaining.
Can I object to or prevent access?
There are very limited grounds for refusing access. The main ones are:
1- Where the employer has fewer than 21 workers (counted across the whole business, including any associated employers, not site by site)
2- Where physical access is sought to a private home
Access can also be refused where it would prejudice national security or the prevention, investigation or detection of crime, although in practice even high-security workplaces are likely to be required to grant access in a way that does not compromise security. Access may also be refused in a few other limited cases (for example, where you already recognise a union for those workers), but this is not guaranteed.
What access needs to be granted?
The right covers both physical and digital access. Employers cannot refuse one simply because they have offered the other.
Any access request must be reasonable. The supporting regulations set out ‘model terms’ for access, and the Government has also published a statutory Code of Practice (see link below). The model terms include access once a week, at least five working days’ notice for the first instance of access and at least two working days’ notice for each one after that, and union officials following reasonable instructions.
As the Central Arbitration Committee (CAC) must treat the model terms as reasonable, expect unions to ask for exactly those terms.
That said, the right is one of access to workers. There is no requirement on employers to hand over staff contact details. It is likely that where digital access is requested, employers will be required to pass messages on for the union concerned.
Can I attend?
No. The employer should not attend any access meetings, and managers can only attend if they are invited by the union to do so.
What do I have to do when I receive a request?
When an employer receives a request for union access, it has only 15 working days to respond, naming a contact person and confirming whether it agrees and, if not, giving specific reasons. The 15 days run from the day the request is given to the employer, not from when it reaches the right person, so make sure requests sent to general inboxes or local managers are passed on immediately. If the request is rejected, a further 25-working-day negotiation period follows.
What happens if I just ignore this?
If there is no response within 15 working days, or no agreement after the 25-working-day negotiation period, the matter can be referred to the CAC for a binding decision on whether access should be granted and on what terms. The CAC starts from a presumption in favour of granting access.
If either the employer or the trade union breaches the access agreement, or a third party is obstructing access, a complaint can be made to the CAC, which can order steps to be taken to ensure compliance. If this is ignored, the CAC can impose financial penalties on subsequent complaints, capped as follows:
· £75,000 for a first penalty
· £150,000 for a second penalty
· £500,000 for a third and any subsequent penalty
In conclusion
Whether we like it or not, we expect unions to make heavy use of this right to gain access to workers. Indeed, some members have already received such requests in advance of 30 October. Members are advised to nominate an individual to deal with these requests, make sure reception staff and local managers know to pass them on immediately, and engage with any requests received, as a failure to do so will not prevent access and may result in penalties being applied.
As always, this advice is general in nature and should be tailored to the circumstances of any individual case. As an RMI member, you have access to the RMI legal advice line, as well as a range of industry experts who can assist you. If you find yourself facing any of the issues outlined above, please contact us at any stage for advice and support as appropriate.
The Code of Practice can be found at:
https://assets.publishing.service.gov.uk/media/6a4b9abad200ca05e289e5e5/code-of-practice-right-of-trade-unions-to-access-workplaces.pdf
Motor Industry Legal Services
Motor Industry Legal Services (MILS Solicitors) provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.