Under the labour government’s plan to improve the “voice at work”, there have been some significant changes in relation to Trade Unions.
One of a number of provisions in this area, include the right for independent trade unions to request access to a workforce or part of a workforce. Built into the new legislation are compulsory processes and fixed timescales that need to be followed. Any employer with 21 or more workers will be affected and may be subject to an access request from one or more independent unions. Even businesses with 21 or fewer employees, may need to comply – depending on their circumstances.
Penalties for non-compliance with the new legislation (expected to come into force in October 2026), could be up to £500,000 and will be issued by the Conciliation and Arbitration Committee (CAC).
With such complex processes and high penalties for getting it wrong, organisations are urged to ensure that they seek support immediately after receiving any request for access.