For many small and medium-sized businesses, trade union engagement may feel like an issue reserved for large employers. That is about to change. From 30 October 2026, subject to Parliamentary approval, independent trade unions are expected to gain a statutory route to request physical or digital access to workplaces in Great Britain. The framework is designed to support activities such as meeting, supporting, representing, recruiting and organising workers, and facilitating collective bargaining, not organising industrial action. From 1 January 2027, employers will be required to inform employees of their right to join a Union, details of the wording for this will be provided to you in November when the full government guidance is expected to be released.
The best response is neither panic nor resistance. It is preparation. Employers that already listen well, consult consistently and resolve concerns early will be better placed to handle any access request constructively and with minimal disruption.
What the new right of access means
A qualifying independent trade union will be able to make a formal access request. Access may involve an official entering a workplace, communicating with workers electronically, or a combination of both. An employer will generally need to respond within 15 working days, after which the parties will have a period to negotiate suitable terms.
If agreement cannot be reached, the union may apply to the Central Arbitration Committee (CAC). The CAC may determine whether access should be granted and on what terms. Importantly for micro-businesses, the CAC cannot impose an access agreement where the employer has fewer than 21 workers across all its workplaces. However, smaller employers should not treat that threshold as a reason to ignore employee voice or a properly made approach.
The legislation does not create an unrestricted right to arrive without notice or disrupt operations. Access is intended to be governed by agreed or determined arrangements that take account of business needs, safety, security, privacy and the practical requirements of the workplace.
Why proactive employee voice can be good business?
In smaller organisations, concerns can remain hidden because employees are reluctant to raise them directly with an owner or senior manager. A well-designed joint management–staff committee gives people a regular, credible route to discuss workplace matters before frustration becomes conflict.
Done well, it can help organisations to:
- spot emerging concerns and operational risks early;
- consult on change in a structured and transparent way;
- improve trust, engagement and retention;
- test policies and proposals against employees’ practical experience;
- demonstrate that employee views are heard and answered; and
- reduce avoidable grievances, misunderstandings and escalation.
These benefits may reduce the circumstances in which employees feel that outside intervention is their only route to being heard. However, a staff forum must never be designed or used to discourage union membership, bypass a recognised union, obstruct a lawful access request or undermine statutory recognition processes. The aim is better dialogue, not union avoidance.
We’ve put together some tips on how to establish a Joint Management – Staff Committee, from our experience the first session often includes employee gripes regarding smaller issues, some of which can be quick wins for management e.g. employee parking, keeping the kitchen clean and fridge mould free, but it also opens up the conversation to how commercial waste could be more effectively managed for the environment.
How to establish a credible joint management–staff committee
1. Define its purpose
Use a short written constitution or terms of reference. State that the committee exists to promote information-sharing, consultation and problem-solving on collective workplace matters. Clarify that it does not replace individual grievance or whistleblowing routes, health and safety arrangements, recognised trade union structures, or any legal consultation duty.
2. Give employees a genuine mandate
Invite nominations and hold a fair, confidential election where there are more candidates than places. Management should not appoint employee representatives. Consider constituencies that reflect different sites, functions, working patterns and groups of workers, while keeping the forum proportionate to the size of the business.
3. Agree balanced membership and independence
Include a small number of management representatives with authority to respond and make commitments. Employee representatives should be able to meet separately, speak freely and gather colleagues’ views. Provide reasonable paid time, access to information and appropriate training so representatives can perform the role effectively.
4. Set a regular rhythm
Meet at least quarterly, with additional meetings when significant change is proposed. Publish an annual calendar, invite agenda items in advance and circulate papers early. Keep concise minutes showing the issue discussed, the response, the decision or action, the owner and the deadline.
5. Be clear about scope
Suitable topics may include business performance, organisational change, working practices, wellbeing, learning and development, equality and inclusion, facilities, technology, environmental initiatives and policy development.
6. Build in accountability
After each meeting, communicate what was raised, what management decided and why. Maintain an action log and report progress. A committee that gathers views but produces no visible response will quickly lose credibility.
7. Review effectiveness
After six months, ask employees and representatives whether the forum is accessible, representative and useful. Review attendance, completion of actions, themes raised and whether issues are being resolved earlier. Refresh the terms of reference where needed.
If a trade union makes an access request
Talk to us! We’ll help you to check that the request contains the required information, acknowledge it, diarise the applicable deadlines and engage in good faith. Consider practical terms such as:
- the purpose, location, timing, frequency and duration of access;
- whether access will be physical, digital or both;
- how operational disruption will be minimised;
- health and safety, safeguarding, confidentiality and data protection;
- which facilities or communication channels will be used; and
- how disagreements or proposed variations will be handled.
Do not make detrimental decisions about a worker because of union membership or activity, and do not use the staff committee as a reason to refuse or delay lawful engagement. Keep records of the request, discussions, proposals and agreed actions.
Common pitfalls to avoid
- Creating a management-controlled talking shop. Representatives need legitimacy, independence and meaningful influence.
- Consulting after decisions have already been made. Genuine consultation happens while proposals can still change.
- Promising confidentiality too broadly. Be clear about what can be shared and protect personal and commercially sensitive information appropriately.
- Confusing consultation with collective bargaining. Define the forum’s remit and seek advice where negotiations concern terms and conditions.
- Treating the committee as an anti-union mechanism. This risks damaging trust and may create legal and employee-relations problems.
- Ignoring digital access. Review email, intranet and online-meeting arrangements as well as physical premises.
A practical 30-day action plan
- Identify who will own trade union access requests and who will provide cover.
- Review the final legislation, regulations and statutory Code of Practice as they take effect.
- Prepare a request-handling protocol, decision log and template response.
- Map your workforce, sites, shifts and digital communication channels.
- Audit existing consultation, grievance, whistleblowing and health and safety arrangements.
- Consult employees on a draft joint committee constitution and election process.
- Train managers and representatives in consultation, confidentiality and constructive dialogue.
- Communicate the forum’s purpose and its limits – openly to the workforce.
The opportunity for SMEs
The new regime should be viewed as a prompt to strengthen workplace relationships, not simply another compliance exercise. A credible staff forum cannot remove employees’ legal rights or guarantee that a union will not seek access. It can, however, create an environment in which concerns are surfaced early, decisions are better informed and difficult conversations are handled constructively.
For SMEs, that is the real opportunity: to combine legal readiness with a stronger, more resilient culture of employee voice.
If you need any support or have questions, please reach out to the team here at rise: hello@risehr.co.uk.
This article provides general information only and does not constitute legal advice. The access rules and statutory Code should be checked in their final, in-force form, and advice should be taken on specific circumstances.