The Trade Unions (Right to Access Workplaces) Regulations 2026

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.