RSM UK is urging employers to decide how they will handle trade union access requests before changes expected later this month. For HR teams, the immediate task is to identify who will receive a request and how it will be considered within the proposed timetable.
Government guidance says the new statutory framework is due from 30 October 2026, subject to parliamentary approval. It covers physical and digital access by independent trade unions in England, Scotland and Wales.
What employers need to prepare
The guidance sets out 15 working days for an employer to respond and 25 working days for negotiations. If the parties cannot agree, either can approach the Central Arbitration Committee (CAC).
The CAC can impose an access agreement only where the employer has at least 21 workers across all its workplaces. The threshold is therefore not simply a count of workers at one site. Access and formal recognition for collective bargaining are distinct matters.
“We’d recommend businesses get ahead of the game and have a clear plan in place for managing union access requests before one lands on their desk, as once this happens, they only have 15 business days to respond, and a further 25 days to negotiate terms of access.”
Charlie Barnes, head of employment legal services, RSM UK
Give the process a clear owner
Government guidance recommends identifying internal contacts, briefing HR teams and managers, and considering suitable meeting space or digital channels. Employers should check the final legislation and statutory guidance as the implementation date approaches.
Barnes argues that preparation is particularly important for organisations managing staff across multiple locations. His warning is a prompt to consider the operational arrangements before a request arrives, rather than relying on an improvised response.
Why it matters
A named contact and a clear escalation process can help a request reach the right decision-makers promptly. Recruitment businesses and other multi-site employers should distinguish their own obligations as employers from the arrangements at client workplaces, and seek advice on their particular circumstances where needed.
Related reading: HR teams report readiness gaps ahead of October employment law changes.
Photo: Charlie Barnes, supplied by RSM UK.
