The Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026

Published: Mon 6th Jul 26

These Regulations prescribe the formal requirements and information that trade unions and employers must exchange when seeking or responding to requests for workplace access under the Trade Union and Labour Relations (Consolidation) Act 1992.

The instrument mandates that unions provide specific details, including their certificate of independence, the purpose of access, and the identities of responsible officials, while requiring employers to respond within set parameters to agree to or contest the request.

It also establishes the procedures for the Central Arbitration Committee to be notified of any negotiated agreements, variations, or revocations, applying to all qualifying trade unions and employers in England, Wales, and Scotland.

Arguments For

The regulations state that providing specific information in requests, such as the contact details of authorized officials and a description of the workers involved, facilitates the negotiation of access agreements.
Proponents within the document's framing suggest that requiring clear notice periods and specific reasons for access helps employers identify the relevant workplaces and manage physical entry.
The order asserts that establishing standardized procedures for notifying the Central Arbitration Committee (CAC) ensures that variations or revocations of agreements are properly recorded and legally recognized.
The explanatory note claims the regulations form part of a legislative package intended to enable trade union officials to communicate with workers and provide information via physical or electronic means.

Arguments Against

Legal scholars may question the ambiguity regarding what constitutes 'sufficient information' for an employer to identify workers, potentially leading to disputes over the validity of a request.
Affected employers might argue that the requirement to provide approximate numbers and categories of workers in a response notice imposes an administrative burden, particularly in large or complex organizations.
Trade unions could raise concerns that the requirement to provide a certificate of independence and detailed justifications for हर occasion of access creates procedural hurdles that could delay the exercise of access rights.
Parties may identify implementation difficulties if the electronic communication addresses provided by employers are not regularly monitored or if the 'assistance requested' is not clearly defined in scope.

Citation, commencement and extent

-(1) These Regulations may be cited as the Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026 and come into force on 30th October 2026.

(2) These Regulations extend to England and Wales and Scotland.

This section establishes the official title of the statutory instrument and sets the date it becomes legally active as October 30, 2026.

It specifies the geographic jurisdiction of the regulations, covering England, Wales, and Scotland.

Interpretation

-(1) In these Regulations-

'the 1992 Act' means the Trade Union and Labour Relations (Consolidation) Act 1992; 'CAC' means the Central Arbitration Committee;

'electronic communication' has the meaning given to it by section 15(1) of the Electronic Communications Act 2000;

'the parties' means the trade union and the employer who are in the process of negotiating or who have negotiated an access agreement between themselves under section 70ZD or are treated as having entered into an access agreement under section 70ZE;

(2) In these Regulations, unless otherwise specified, all references to section numbers are to sections of the 1992 Act.

This section defines the key terms used throughout the document to ensure consistent legal application.

It clarifies that 'the parties' refers specifically to the trade union and the employer involved in access negotiations and identifies the Central Arbitration Committee (CAC) as the relevant regulatory body.

Access requests

-(1) This regulation applies where a qualifying trade union gives an employer an access request under section 70ZB(1).

(2) The access request must-

(a) identify the trade union making the access request;
(b) provide a copy of the certificate of independence of the trade union;
(c) be in writing and dated;
(d) be sent either-
(i) by post or delivery in person to the registered office, head office or principal place of business of the employer, or
(ii) by electronic communication to an electronic communication address provided by the employer to the trade union or, where such an address has not been provided, to an electronic communication address made publicly available by the employer for communications with the employer.

(3) The access request must contain the following-

(a) the name and contact details of the trade union official giving the access request on behalf of the trade union;
(b) the name and contact details of at least one trade union official authorised to conduct negotiations for an access agreement on behalf of the trade union;
(c) a statement that the access request is made under section 70ZB(1) of the Trade Union and Labour Relations (Consolidation) Act 1992;
(d) the purposes of the access request, which must be one or more of the access purposes;
(e) a general description of those workers the trade union seeks access to, in so far as is known to the trade union;
(f) information as to the nature of the access requested-
(i) whether the access is to be on one or more occasions;
(ii) whether physical entry to a workplace or communication with workers, or both, is being requested; (iii) a description providing details of the access requested;
(iv) the reasons why the access in paragraphs (i) to (iii) is being requested;
(v) where physical entry to any workplace is being requested, a description of the workplaces to which access is requested which is sufficient to enable the employer to identify the workplaces concerned;
(vi) any assistance requested from the employer to facilitate the access for the trade union;
(vii) the frequency and duration requested of each occasion of physical entry to a workplace or communication with workers;
(g) the name and contact details of at least one trade union official who would have responsibility for the requested access under the proposed access agreement;
(h) the notice period the trade union intends to give to the employer prior to each occasion of access;
(i) where the access request is substantially the same and concerning the same workers as a previous access request, following which the trade union and the employer agreed in writing terms for access but not before the end of the negotiation period-
(i) a statement to confirm the repeat request for access with the date of the earlier access request, and
(ii) a copy of the agreed terms.

This regulation lists the mandatory contents and delivery methods for a trade union's formal request to access a workplace.

It requires the union to provide technical documentation, such as a certificate of independence, and practical details, including the specific workplaces targeted, the duration of visits, and the specific reasons for the request.

Response notices

-(1) This regulation applies when an employer gives a response notice under section 70ZB(4).

(2) The response notice must be-

(a) in writing and dated;
(b) sent to the contact details, given in the access request, of the trade union official who gave the access request on behalf of the trade union.

(3) The response notice must contain the following information, unless the response notice is given under paragraph (4)-

(a) details for the employer giving the notice as follows-

(i) the name of the employer and contact details of the employer or a representative giving the response notice on behalf of the employer, and
(ii) the name and contact details of at least one individual authorised to conduct negotiations for an access agreement on behalf of the employer;
(b) a statement that the response notice is given under section 70ZB(4) of the Trade Union and Labour Relations (Consolidation) Act 1992;
(c) whether the employer is agreeing or disagreeing with the access request given by the trade union, either in whole or in part;
(d) if agreeing with the access request, in whole or in part, provide (if agreeing in part, only to the extent relevant)-
(i) in respect of each workplace, the name and contact details of at least one individual who would have responsibility for the requested access under the proposed access agreement;
(ii) a list of the categories of the workers to whom the trade union have requested access to and the approximate numbers of workers in each category;
(iii) where physical entry into any workplace has been requested-
(aa) confirmation and, if necessary, further information as to the address and the location of each workplace to which access is requested; (bb) general information as to the times likely to be suitable for such access, taking into account the purpose of the access request; (iv) whether the employer will be able to provide assistance to facilitate access;
(e) if disagreeing with the access request, in whole or in part, provide-
(i) information as to which part of the access request the employer disagrees with;
(ii) an explanation of why the employer disagrees with the access request or that part of the access request;
(iii) where the access request is refused because the employer previously received, in relation to substantially the same workers, an access request from another trade union and is in the process of negotiating, or has negotiated, an access agreement with that trade union, confirmation of this and details of that trade union.

(4) Where this paragraph applies, the employer need not comply with paragraph (3) but a response notice must contain the following-

(a) a statement that the response notice is given under section 70ZB(4) of the Trade Union and Labour Relations (Consolidation) Act 1992;
(b) confirmation that the employer agrees with the terms provided with the repeat access request;
(c) any new information which the employer would have included in the earlier response notice if it had been available.

(5) Paragraph (4) applies where-

(a) regulation 3(3)(i) applies to the access request in relation to which the response notice is given,
(b) the employer agrees with the terms provided with the repeat access request, and
(c) the employer complied with paragraph (3) in a response notice relating to the previous access request referred to in regulation 3(3)(i).

This regulation outlines the requirements for an employer's formal response to an access request, including providing contact information for their own negotiators and stating their agreement or disagreement with the proposal.

If an employer denies a request, they must provide an explanation or state if they are already negotiating with a different union for the same group of workers.

Access agreements entered into by negotiation: notifying the CAC

-(1) This regulation applies for the purposes of the parties jointly notifying the CAC of the terms of an access agreement under section 70ZD(1)(d).

(2) The notification may be given by either party on behalf of both parties and must-

(a) be in writing and dated,
(b) confirm that the access agreement is being entered into in accordance with section 70ZD(1) of the Trade Union and Labour Relations (Consolidation) Act 1992,
(c) be signed by or on behalf of both parties, and
(d) provide the CAC with a copy of the access agreement.

This section dictates how the Central Arbitration Committee (CAC) must be informed once a union and employer reach a voluntary agreement.

It allows one party to submit the notice on behalf of both, provided the document is signed by both and includes the full text of the agreement.

Variation or revocation of access agreements: notifying the CAC

-(1) This regulation applies for the purposes of the parties to an access agreement jointly notifying the CAC of a variation or revocation of the agreement under section 70ZG(5)(a).

(2) The notification of the variation or revocation may be given by either party on behalf of both parties and must-

(a) be in writing and dated,
(b) include a statement that the variation or revocation is made under section 70ZG of the Trade Union and Labour Relations (Consolidation) Act 1992,
(c) be signed by or on behalf of both parties, and
(d) in the case of notification of variation, provide details of the variation to the existing access agreement by providing-
(i) the terms of the existing access agreement that are to be varied, and
(ii) a copy of the access agreement which contains the new terms.

This regulation establishes the protocol for informing the CAC when an existing access agreement is changed or cancelled.

It requires parties to provide the original terms being modified alongside the updated agreement text.

Review

-(1) The Secretary of State must from time to time-

(a) carry out a review of these Regulations,
(b) set out the conclusions of the review in a report, and
(c) publish the report.

(2) The report must in particular-

(a) set out the objectives intended to be achieved by these Regulations,
(b) assess the extent to which those objectives are achieved,
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(4) Subsequent reports under this regulation are to be published at intervals not exceeding five years.

This section mandates that the Secretary of State conduct periodic reviews of these regulations every five years.

The review must evaluate if the regulation's objectives are being met and whether the goals could be achieved through less restrictive means.

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