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ARTICLE · 31 OCTOBER 2026

Trade Union Access

Paris Smith LLP
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The Employment Rights Act 2025 introduces significant changes to trade union access rights in UK workplaces, moving beyond the current member-dependent system. These new provisions will enable independent trade unions to negotiate formal access agreements with employers, potentially transforming collective bargaining dynamics and workplace relations across organizations with varying levels of union membership.

United KingdomEmployment and HR
Claire Merritt
Claire Merritt
Shannon Montford
Shannon Montford

What is trade union access?

At present, trade unions do not have an independent right of access to workplaces. In order to exercise their functions in a workplace, they must do so through individual members. As a result, if unions have limited members, there is limited scope for collective bargaining, negotiations and dispute resolution.

What’s changing?

The Employment Rights Act (‘ERA 2025′) proposes to provide for “access agreements” to be reached between unions holding a certificate of independence and employers. These agreements would permit officials of the union to enter the workplace and communicate with workers, for example to facilitate collective bargaining or supporting workers, including those who are not members of a trade union.

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