Trade Union Access Guide for Employers - British Chambers of Commerce

Trade Union Access Guide for Employers

Trade Union Access To Workplaces

A Guide For Employers

From 30 October 2026, a new statutory process will allow trade unions to ask employers for access to their workplaces and workers. This is a significant change for businesses that have never worked with unions because they will not need to be formally recognised by the business before making a request.

This guide explains the terminology, the process and the practical steps an employer should take from the moment a request arrives. It provides general information and is not a substitute for legal advice on a particular request.

1. What is changing?

Until now, a union that was not recognised by an employer generally had no independent legal right to enter that workplace. Access depended on the employer agreeing voluntarily, or on separate rules connected with a formal union recognition process.

Under the new framework, an independent trade union will be able to make a formal request to:

enter a workplace and speak to workers in person;
communicate with workers digitally;
meet, support or represent workers;
recruit workers as union members;
organise workers around workplace matters; or
facilitate collective bargaining.

If the employer and union cannot agree appropriate arrangements, either party may refer the matter to the Central Arbitration Committee (CAC), an independent statutory body (see more information below), which can decide whether access should be granted and on what terms.

The permitted purposes set out above do not include using statutory access to organise industrial action. To organise industrial action, unions must establish a valid dispute with the employer, win a secret postal ballot with a minimum 50% turnout and provide the employer with at least 10 days’ advance written notice before a strike begins.

The new regulations around statutory access only apply to businesses with 21 or more employees.

Terms and Definitions

2. What is a trade union?

A trade union is an organisation that represents workers’ interests. It may advise or represent individual workers, recruit members, negotiate with employers and, where it is recognised, bargain collectively over matters such as pay, hours and other terms and conditions. A worker does not need to be a union member to speak to a union during an access session under the new framework.

Only a qualifying trade union can use the statutory process. In broad terms, this means a trade union that holds a certificate of independence. A certificate of independence is issued by the Certification Officer and confirms that the union is independent of employer control. The union must provide a copy of its certificate with its access request. A full list of certified trade unions can be found online.

An employer receiving a request should therefore check:

the name of the union;
that a certificate of independence is enclosed;
that the certificate relates to the union making the request; and
the identity and contact details of the union official responsible for it.

This is a procedural check. It should not become a reason to delay responding where a minor or easily corrected document is missing. The government’s code of practice on access encourages employers and unions to work together to correct minor errors.

3. What does “access” mean?

Under the scope of the regulations, access can be physical, digital, or both.

Physical access

Physical access means one or more union officials entering a workplace to communicate with workers. Examples could include:

a union representative holding a drop-in session in a meeting room;
a representative speaking to workers in a canteen or rest area;
a short presentation followed by questions;
a representative attending at the start or end of different shifts; or
private meetings with individual workers.

It does not give union officials an unlimited right to walk around the workplace. The location, timing, duration, frequency, notice arrangements and visitor requirements should be set out in the access agreement.

Digital access

Digital access means allowing the union to communicate with workers without physically entering the workplace. It could include:

the employer circulating a union email to relevant workers;
publishing a union notice on an intranet;
posting a message on the normal staff communication platform;
arranging a private online meeting; or
sharing details of how workers can contact the union.

Digital access does not normally mean giving a union representative direct access to the employer’s email system, staff directory, intranet administration account or other IT systems. The employer may act as the intermediary by circulating material supplied by the union. It is crucial employers bear their obligations under GDPR in mind here – they should not share employee details without their consent or other legitimate reason.

4. What is an access request?

An access request is the formal written request sent by a union to an employer. It starts the statutory process to create an access agreement and triggers the relevant legal deadlines.

The union is encouraged to use the government’s standard form, although it is not legally required to use that exact document. A request may still be valid if it contains the required information in another format.

5. What is an access agreement?

An access agreement is the set of rules agreed between the union and employer about how access will operate.

For example, an agreement might say that:

a named union may communicate with a specified group of workers;
a union official may hold one 45-minute drop-in session each month;
sessions will normally take place in a particular meeting room;
the union will give at least two working days’ notice;
the official must sign in and follow site safety rules;
the employer will circulate a union communication once a month; and
the arrangement will expire after 12 months unless extended.

This is a demonstrative example of some of the terms that could be agreed. In practice, the terms will vary from agreement to agreement.

An agreement can be:

Statutory and negotiated, meaning it follows a statutory request, is agreed by the parties and is formally notified to the CAC.
Statutory and determined by the CAC, meaning the parties could not agree and the CAC imposed the terms.
Voluntary, meaning it is agreed outside the statutory process

A statutory agreement normally cannot last longer than two years unless the parties agree to extend it.

6. What is union recognition?

Union recognition is different from access.

A union is recognised where an employer accepts it as entitled to conduct collective bargaining on behalf of a defined group of workers. Recognition may be agreed voluntarily or obtained through the statutory recognition procedure.

An access agreement does not automatically:

recognise the union for collective bargaining;
give the union authority to negotiate pay;
require the employer to agree to the union’s demands;
mean that most workers are union members; or
mean that the business is facing industrial action.

However, a union may use access to speak with workers, recruit members and build support, and it may later apply for formal recognition. Employers should therefore understand that access and recognition are separate legal processes.

7. What is collective bargaining?

Collective bargaining is negotiation between an employer and a recognised union about matters affecting a group of workers. It commonly covers:

pay;
working hours;
holidays;
pensions;
workplace policies;
redundancy arrangements; and
other terms and conditions.

The new right of access can be used to facilitate collective bargaining, but access alone does not give the union recognised status.

8. What is the Central Arbitration Committee?

The CAC is an independent statutory body that deals with certain disputes between employers and trade unions. Under the new framework, it will:

receive statutory access agreements;
determine requests where the employer and union cannot agree;
consider complaints about breaches;
issue orders requiring compliance; and
impose financial penalties for repeated breaches where appropriate.

Despite its name, the CAC is not simply an informal mediation service. Its decisions and orders can have legal consequences.

9. What does “good faith” mean?

The government’s code of practice says employers and unions should negotiate in good faith. In practical terms, this means:

responding within the legal deadlines (set out in detail below);
genuinely considering the other party’s proposals;
explaining objections clearly;
sharing relevant practical information;
not deliberately delaying the process;
proposing alternatives where a request cannot work as drafted; and
trying to reach a workable arrangement rather than treating negotiations as a formality.

Good faith does not mean that the employer must accept every term requested by the union. It means that objections should be genuine, specific and directed towards finding a practical solution.

10. How does the 21-worker threshold work?

The CAC must refuse statutory access where the employer, together with any associated employers:

employs fewer than 21 workers on the date the request is received; and
employed an average of fewer than 21 workers during the 13 weeks ending on that date.

This two-part test is intended to address temporary fluctuations in staffing.

Example: a small independent business

A company employs 17 workers and is not part of a larger group. Its average for the previous 13 weeks is also below 21.

The CAC would generally have to refuse a statutory request. The employer could still agree access voluntarily.

Example: recent recruitment

A business employs 23 workers when the request arrives but averaged 19 over the previous 13 weeks.

It does not satisfy both elements of the exclusion because it has 21 or more workers on the relevant date. It is therefore within scope.

Example: a small subsidiary

A subsidiary employs 10 workers, but other associated companies in the group employ 150 workers.

The associated-employer rules bring the subsidiary within scope, even though the particular workplace and employing company each have fewer than 21 workers.

Which people count?

The statutory test refers to workers, which is a wider category than employees. Businesses should not automatically count only people with contracts labelled “employment contracts”. Agency workers that work via a temporary work agency are included in the calculation. However, independent contractors or workers provided as part of a managed service are not counted towards the 21-worker threshold.

Where the result is close to 21, employers should take advice before telling the union that the business is outside the regime.

11. What is an associated employer?

The 21-worker threshold is not necessarily assessed by looking only at one company or workplace. Workers employed by associated employers may have to be counted together.

Associated employers generally include companies under common control. This is important for business groups. A subsidiary employing 12 workers may be within scope if it is associated with other group companies and the relevant total is at least 21.

Businesses with group structures should obtain advice on which entities are associated rather than assuming that every legal entity is assessed separately.

What happens when a request arrives?

12. The process at a glance

The normal process is:

Step 1: The union sends a formal written access request.

Step 2: The employer records the date of receipt.

Step 3: The employer checks the request and gathers relevant information.

Step 4: The employer sends a formal response by the end of the 15th working day after the request was given.

Step 5: The parties negotiate for up to 25 working days after the response is given.

Step 6: If they agree, they sign the agreement and notify the CAC.

Step 7: If they do not agree, either party may refer the matter to the CAC.

Step 8: The CAC decides whether access should be granted and, if so, on what terms.

Step 9: The employer and union operate the agreement.

Step 10: Complaints about breaches may be referred to the CAC.

13. Step one: recognise and record the request

The business should record:

when the request arrived;
how it arrived;
the email address or postal address to which it was sent;
who first received it;
when it was escalated internally; and
the response deadline.

The employer’s response period ends at the end of the 15th working day after the day on which the request was given. The period runs from receipt by the employer, not from when a senior manager becomes aware of it.

A “working day” excludes:

Saturdays;
Sundays;
Christmas Day;
Good Friday; and
bank holidays.

Example

If a valid request is received on a Monday and there are no bank holidays, the following Tuesday is normally working day one. The response deadline would fall at the end of the Monday three weeks later.

Because a missed deadline may allow the union to move the matter forward without the benefit of a proper employer response, requests should be treated as time-sensitive legal correspondence.

14. Step two: acknowledge receipt

An immediate acknowledgement is sensible, but it should not accept or reject the requested terms. An example of this would be something like:

Thank you for your written request for trade union access dated [date]. We have recorded the request as received on [date].

[Name and role] will act as the employer’s initial contact. Please send further correspondence to [email address].

We are reviewing the request and will provide our formal written response within the applicable statutory period. This acknowledgement does not constitute acceptance or rejection of the requested access arrangements.

The formal statutory response must still be sent separately.

15. Step three: appoint an employer lead

The business should appoint:

a person authorised to negotiate;
a person responsible for the formal response; and
where appropriate, a contact at each affected workplace.

In an SME, the same person might perform all three roles. In a larger employer, the lead may need to coordinate HR, legal, operations, IT, security and facilities teams.

All managers should be told not to:

negotiate separately with the union;
make promises about access;
tell workers that union involvement is unwelcome;
question workers about whether they support the union; or
destroy or alter correspondence.

16. Step four: check whether the request contains the required information

A request should identify:

the union;
its certificate of independence;
the official submitting the request;
the official authorised to negotiate;
the legal basis of the request;
the purposes for which access is sought;
the groups of workers concerned;
whether access is physical, digital or both;
the workplaces concerned;
the proposed frequency and duration;
the assistance requested from the employer;
the notice that will be given before each occasion; and
the official responsible for implementing access.

A request should also explain why the proposed arrangements are needed.

If information is missing, contact the union promptly. Do not assume that a minor error automatically invalidates the request. The Code says accidental clerical or administrative errors should normally be corrected cooperatively rather than used as grounds for rejection.

17. Step five: establish who is covered

The employer needs to understand the requested “scope”, meaning the workers, locations and activities to which the agreement would apply.

Questions to consider include:

Does the request cover everyone or only particular roles?
Does it include managers and supervisors?
Does it cover one site or several?
Are any workers based at client premises?
Are remote and hybrid workers included?
Does it include agency workers?
Does it include workers on family-related or sickness absence?
Is the description clear enough to identify the affected population?

The formal employer response may need to provide the categories and approximate numbers of workers concerned.

Be careful about disclosing personal information. Categories and approximate numbers are not the same as providing a list of workers’ names or contact details.

18. Step six: check for existing arrangements

The employer should establish whether:

it already recognises another independent union for any affected workers;
a statutory recognition application is in progress;
another union has an existing voluntary or statutory access agreement;
another access request is still live; or
two unions are seeking access to overlapping groups of workers.

These matters do not always invalidate a new request, but they can affect what the CAC decides. The CAC may regard refusal as reasonable where access would overlap with an existing recognition or access arrangement, or where multiple live requests cover the same workers.

A request remains “live” until, broadly:

an agreement is entered into;
the period for referring it to the CAC expires without a referral; or
the CAC makes a determination.

19. Step seven: assess how access could work

The employer should consider what can realistically be provided rather than starting from the question, “How do we prevent access?”

Physical arrangements

Consider:

which room or area could be used;
whether it provides reasonable privacy;
how many people it can hold;
whether the official must be escorted;
sign-in and identification procedures;
evacuation and emergency arrangements;
food-production, machinery or protective-equipment requirements;
safeguarding arrangements;
security clearance;
accessibility requirements; and
the effect on customers, patients, residents or other service users.

The Code gives examples of appropriate locations, including office meeting rooms, staff rooms, canteens, break areas and suitable spaces at depots or construction sites.

Timing

Consider:

normal working hours;
shift changes;
customer-facing peaks;
production schedules;
minimum staffing requirements;
rest and meal breaks;
scheduled training or staff briefings; and
how access can reach night, weekend or part-time workers.

Access should normally occur during working hours but at times that minimise unreasonable interference with the business. The employer should not deliberately choose a time when it knows most affected workers cannot attend.

Digital arrangements

Consider:

which staff communication platform is normally used;
who will circulate the union’s material;
how quickly it must be circulated;
whether an online meeting can be arranged;
how privacy will be protected;
whether workers without regular email access need another route; and
how the business will avoid monitoring participation.

Where an employer circulates an email on the union’s behalf, the Code suggests copying the union into the email so it can see that the communication was sent. Union messages should normally be sent as standalone communications rather than hidden in an unrelated company update.

20. Step eight: prepare the formal employer response

The response must be written, dated and sent to the contact details specified by the union. The response must be sent within 15 days of receiving the request. It should identify:

the employer;
the person issuing the response;
the person authorised to negotiate (even where access is being accepted); and
whether the request is accepted, partly accepted or rejected.

If the employer accepts

The response should include:

a contact for each workplace;
categories and approximate numbers of workers;
relevant workplace addresses;
generally suitable times for access; and
the assistance and facilities the employer can provide.

If the employer partly accepts

It should say precisely:

which terms are accepted;
which terms are not accepted;
why particular terms create a problem; and
what alternative the employer proposes.

For example:

We agree that physical access can take place at the Green Street site, but we do not agree to access between 8.00 am and 10.00 am because this is the site’s principal dispatch period and releasing the proposed number of workers would affect safe loading operations. We propose sessions between 12.00 pm and 2.00 pm, with two staggered 45-minute meetings.

That is more constructive than stating only that the requested time is “operationally inconvenient”.

If the employer disagrees entirely

The response must identify the parts disputed and explain the reasons in detail. If the position is based on another union’s overlapping request or agreement, the employer should provide the required information about that union.

A response should not simply say:

“We do not recognise unions.”
“Our employees do not need a union.”
“Union access is against company policy.”
“We will only permit digital access.”
“There is no legal right to enter private property.”

Those statements do not sufficiently engage with the new framework.

Examples of a justified complete rejection might include:

“We reject the request because the employer and its associated employers have fewer than 21 workers both on the date of the request and on average over the previous 13 weeks. The statutory access regime therefore does not apply.”
“We reject the request because the proposed access would prejudice national security. The affected workplace contains classified operations, and permitting the requested access would expose protected information and restricted activities.”
“We reject the request because the proposed access would prejudice the prevention, detection or prosecution of criminal offences. The site is being used for a live law-enforcement operation, and access would risk compromising that operation.”
“We reject the request because an existing statutory access agreement already covers the same workers, workplaces and purposes for the relevant period.”
“We reject the request because another union is already recognised for the same group of workers and the requested access would directly overlap with that recognition arrangement.”

Part Four: Negotiating the agreement

21. The 25-working-day negotiation period

After the employer sends its response, the parties have a negotiation period ending at the end of the 25th working day after the response was given. During this period, they should try to agree the detailed terms.

If discussions are genuinely making progress but the 25-day period expires, the parties can continue negotiating. However, care is needed because the normal deadline of 55 working days for applying to the CAC continues to run from the original request. The Code describes a process under which agreed terms may be submitted to the CAC with a repeat request so that the statutory timetable can restart and the agreement can be formally completed.

22. Matters that should be covered

A clear agreement should contain the following.

Scope

The union covered.
The workers covered.
The workplaces covered.
Whether remote and client-site workers are included.

Purpose

Meeting, supporting, representing, recruiting or organising workers.
Facilitating collective bargaining where applicable.
Confirmation that statutory access will not be used to organise industrial action.

Form of access

Physical access.
Digital access.
Or both.

Frequency

How often access can occur.
Whether frequency differs by site or shift.
Whether additional meetings may be arranged for particular matters.

Duration

How long each meeting, visit or session may last.
The start and expiry date of the overall agreement.

Notice

How notice must be given.
Who should receive it.
What information it must contain.
The notice period for first and subsequent occasions.

Facilities

Meeting rooms or break areas.
Online meeting facilities.
Any equipment or communication channels.
Arrangements where no suitable room is available.

Conduct and visitor requirements

Identification.
Sign-in procedures.
Health and safety induction.
Security and safeguarding requirements.
Reasonable rules applying to other visitors.

Privacy

Whether managers may attend.
How online meeting privacy will be protected.
How cameras or recording systems will be addressed.
Confirmation that the employer will not monitor attendance or engagement.

Pay and release

Whether sessions are during working time.
How workers will be released.
How minimum staffing will be maintained.
Confirmation of pay for agreed attendance during working time.

Dispute resolution

Named contacts.
An escalation process.
A commitment to discuss problems before approaching the CAC.
Procedures for cancelled or disrupted sessions.

23. What are “model terms”?

The regulations identify terms the CAC is required to use as benchmarks for determining whether a trade union’s workplace access request is reasonable. These are sometimes described as model terms.

They include:

weekly access;
reasonable use of existing accommodation and facilities;
privacy for direct communications;
five working days’ notice before the first access;
two working days’ notice before later occasions; and
compliance by union officials with reasonable employer instructions.

Does weekly access mean weekly physical visits?

Not necessarily.

If the agreement allows both physical and digital access, weekly access may mean that access is available once each week by one of those routes. The parties may specify who decides which route is used.

Is weekly access compulsory?

The parties can agree a different arrangement. For example, a union may seek monthly rather than weekly sessions. However, if the matter goes to the CAC, the CAC is required to treat weekly access as a term that would not, by itself, unreasonably interfere with the employer’s business.

This means employers should not assume that weekly access can be rejected solely because weekly sounds frequent. Any objection should relate to the particular duration, timing, form, site or operational consequences.

24. What are “reasonable steps”?

Reasonable steps are practical actions an employer can take without being required to make disproportionate changes. Examples include:

booking an existing meeting room;
arranging an online meeting;
circulating a union email;
moving furniture to make a room usable;
coordinating visits with shift patterns;
arranging ordinary visitor access; or
contacting a landlord or client that controls the premises.

Employers are not generally expected to make significant structural alterations to buildings or IT systems solely to facilitate access.

Part Five: Operating access correctly

25. Workers’ choice

Workers may choose whether or not to engage with the union. An employer should not:

instruct workers to attend;
instruct workers not to attend;
ask them how they intend to respond;
compile a list of union supporters;
offer benefits for staying away; or
disadvantage someone for engaging with the union.

Existing statutory protections relating to trade union activity, detriment and inducements continue to apply. These rules prevent workers from being treated unfairly or penalised by their employer for taking part in union activities, and ban employers from offering workers bribes, cash incentives, or special perks to convince them to leave a union or give up their collective rights.

26. Privacy

The employer must respect the privacy of union access meetings. Unless invited by the union, managers and employer representatives should not attend. The employer should not:

listen at the door;
record the meeting;
require a list of attendees;
question workers about the discussion;
record an online meeting;
monitor who joins digitally; or
track which employees open or click links in union communications.

Existing workplace CCTV does not automatically have to be disabled. However, if it could record the meeting, the employer should discuss with the union how privacy can reasonably be protected and disclose the presence of relevant recording equipment unless overriding security considerations prevent that.

27. Pay for attendance

The Code says workers attending an agreed access meeting during working time should be paid in full for the time they are away from their duties.

This does not necessarily mean every worker must be released at once. An employer can propose:

staggered groups;
repeated short sessions;
sessions at shift changes;
a mixture of physical and digital access; or
arrangements aligned with existing training or workforce meetings.

The arrangement must still provide meaningful access and should not be designed to make participation impractical.

28. Health and safety

Health and safety can affect how access takes place. A union official can reasonably be required to:

complete a site induction;
wear personal protective equipment;
remain within agreed areas;
follow machinery or vehicle rules;
comply with fire and evacuation procedures; and
provide identification.

However, a general statement that “the workplace is dangerous” is unlikely to justify refusing all access where a meeting could safely be held in an office, canteen, rest area or nearby meeting room. The CAC may regard refusal as reasonable where access might genuinely jeopardise health or safety, but the framework expects the parties to look first for ways of managing the risk.

29. Safeguarding and security

Schools, care settings, hospitals and secure sites may need additional safeguards. These could include:

advance identification;
escorts;
designated routes;
restricted areas;
confidentiality requirements;
security clearance; and
appropriate arrangements to prevent contact with children or vulnerable adults.

A DBS check will not necessarily be required where the official has no contact with children or vulnerable adults. The requirements should reflect the actual risk and the site’s normal visitor procedures.

30. Data protection

The access framework does not automatically entitle the union to workers’ personal contact details.

If the union wants direct access to personal email addresses or telephone numbers, workers will generally need to consent to the disclosure. Consent is judged using the UK GDPR definition and must be a meaningful choice.

An employer can facilitate access without disclosing personal data by:

circulating information itself;
posting a notice on the intranet;
arranging an online meeting;
providing workers with the union’s contact details; or
allowing workers to contact the union directly.

Once a worker independently gives their details to the union, the union can normally communicate with that worker directly using its own systems.

31. Remote, hybrid and non-standard workers

The employer should consider how access will reach:

shift workers;
part-time workers;
homeworkers;
remote and hybrid staff;
mobile or geographically dispersed workers;
workers on maternity or parental leave; and
workers on sickness absence.

The aim is to provide broadly equivalent access where reasonably practicable. That may require different session times or digital arrangements rather than one meeting at head office. The employer is not generally obliged to pay workers’ travel costs for attending union meetings.

32. Client sites and third-party premises

An employer may remain responsible for facilitating access even if its workers are based somewhere controlled by another organisation.

For example:

contracted security staff may work at a client’s office;
cleaners may work in multiple customer buildings;
retail staff may work in a managed shopping centre;
workers may be based at an airport or port; or
contractors may work on a principal contractor’s construction site.

The employer must take reasonable steps to obtain the site controller’s cooperation. Third parties can also become subject to the enforcement framework if they obstruct access under an agreement.

Part Six: Refusal and referral to the CAC

33. When can access be refused?

An employer can disagree with the union’s proposed terms. It can also propose alternative arrangements. But there is a general presumption in favour of meaningful access that does not unreasonably interfere with the business.

The CAC must refuse access in certain circumstances, including where:

the statutory worker threshold is not met;
the proposed agreement does not provide at least five working days’ notice before the first occasion;
the proposed agreement would last more than two years without an appropriate extension arrangement;
access would prejudice national security; or
access would prejudice the prevention, detection or prosecution of criminal offences.

It may also be reasonable for the CAC to refuse or restrict access where:

another union is already recognised for the affected workers;
an overlapping recognition process is underway;
an existing statutory access agreement covers the same workers;
multiple live requests overlap; or
access might genuinely jeopardise health and safety.

The existence of a health, safety, security or operational issue does not necessarily justify complete refusal. The question will often be whether the risk can be addressed by changing the location, time, duration, route or conditions of access.

34. What does “unreasonable interference” mean?

The legislation does not treat all inconvenience or cost as unreasonable interference.

Relevant considerations may include:

interruption to production;
customer or patient safety;
minimum staffing;
confidentiality;
security;
the length and timing of sessions;
disruption across multiple sites;
the facilities already available; and
the size and resources of the employer.

A small business can explain the disproportionate effect of releasing several workers simultaneously. However, it should also propose a practical alternative, such as staggered sessions.

The Code specifically says disruption should be minimised, especially for small businesses.

35. Referral to the CAC

If the parties cannot agree, either may apply to the CAC.

The normal deadline is the end of the 55th working day after the original request was given. The CAC may extend this to the 70th working day if it was not reasonably practicable to apply within the ordinary limit.

The CAC will consider:

the union’s request;
the employer’s response;
the latest proposal;
the statutory access principles;
the nature of the workplace;
visitor arrangements;
health and safety;
safeguarding;
third-party involvement;
existing recognition or access arrangements; and
the effect on the business.

Part Seven: Breaches, complaints and penalties

36. What counts as a breach?

Possible employer breaches could include:

repeatedly cancelling agreed sessions;
denying entry despite proper notice;
failing to circulate agreed communications;
monitoring private digital engagement;
allowing managers to attend without invitation;
moving meetings to times when workers cannot reasonably participate; or
failing to take agreed steps with a landlord or client.

Possible union breaches could include:

attending without the required notice;
using access for a purpose outside the agreement;
refusing reasonable identification or safety requirements;
entering restricted areas; or
repeatedly exceeding agreed time or frequency limits.

37. Complaints

A complaint to the CAC normally has to be made within three months of the alleged incident.

For an initial well-founded complaint, the CAC can:

declare that a breach occurred;
order specified action;
alter the agreement; or
extend the agreement to compensate for access that was improperly prevented.

A financial penalty does not ordinarily arise automatically from the first complaint. Penalties can follow repeated non-compliance or breach of a CAC order.

38. Financial penalties

The proposed maximum penalties are:

£75,000 for the first penalty order;
£150,000 for the second penalty order; and
£500,000 for the third and each subsequent penalty order under the same agreement.

The CAC must consider:

the seriousness of the breach;
how long it continued;
the reason it occurred;
whether it was deliberate, negligent or a genuine mistake;
the number of workers affected;
the size and resources of the responsible organisation; and
its previous compliance history.

For multi-site employers, breaches at different workplaces covered by the same agreement may be treated cumulatively. Repeated obstruction can therefore create substantial financial exposure.

Part Eight: Preparing now

39. Checklist for an SME

An SME should:

appoint a named senior contact;
create a dedicated email address for access requests;
tell reception and general-inbox staff how to identify and escalate requests;
prepare a deadline-calculation process;
identify a private room or suitable meeting space;
identify a practical digital communication channel;
document important staffing and operational constraints;
prepare basic visitor, identification and safety requirements;
establish who can provide them with relevant employment-law advice;
brief managers on neutral and lawful communication, and the implications of breaches; and
retain accurate records.

A business just above the threshold does not need a large employee-relations department. It does need one person who owns the process and can obtain quick advice.

40. Checklist for a larger employer

A larger or multi-site employer should also:

map all employing entities and associated employers;
identify the workers at every site;
audit existing recognition and access arrangements;
create a central request register;
adopt a standard response template;
assign workplace contacts;
train HR, operations, IT, facilities, security and reception staff;
prepare standard positions on digital access, rooms and privacy;
review arrangements for client-controlled sites;
establish escalation procedures for overlapping requests;
introduce site-level compliance monitoring; and
keep a record of every visit, cancellation, communication and issue.

41. Quick-reference response timetable

Stage	What happens	Main deadline
Request	Union sends a written statutory request	Starts the process
Employer response	Employer accepts, partly accepts or disagrees, with reasons	End of the 15th working day after the request was given
Negotiation	Parties seek to agree practical terms	End of the 25th working day after the employer response
CAC referral	Either party may ask the CAC to determine access	Normally end of the 55th working day after the original request
Possible extended referral	CAC may allow additional time where an earlier application was not reasonably practicable	End of the 70th working day after the original request
First access	Union gives the agreed notice	At least five working days under the model terms
Later access	Union gives routine notice	At least two working days under the model terms
Complaint	Party complains about an alleged breach	Normally within three months of the incident