Union Access Breaches Could Cost Employers Up To £500,000

With employers facing penalties of up to £500,000 through enforcement of trade union access agreements, Stourbridge-based EC Human Resources is urging businesses to prepare for the new rules introduced on 30 October 2026. HR Consultant Emma Cromarty believes employers across the West Midlands need a clear process in place before a request arrives, particularly where they have limited HR support.

The framework allows qualifying independent trade unions to request access to workers through workplace visits, digital communication or both, even where the union is not recognised by the employer. Businesses have 15 working days after a valid statutory request is given to respond, with the Central Arbitration Committee (CAC) able to determine arrangements if access terms cannot be agreed.

Although a small-employer exception applies, businesses need to check the workforce counting rules carefully: these include associated employers and require fewer than 21 workers both when the request is received and on average over the preceding 13 weeks.

Maximum penalties rise from £75,000 for a first penalty order to £150,000 for a second and £500,000 for a third or subsequent order relating to the same access agreement. These are not automatic fines for receiving or declining a request: they arise through an enforcement process following an upheld complaint and a further breach of the agreement or a breach of a CAC compliance order. In deciding the penalty, the CAC must consider factors including the seriousness of the failure and the business’s size and resources.

Emma said: “The level of financial penalties is deeply concerning, particularly for small businesses already dealing with rising employment costs, changing legislation and tight cash flow. A substantial fine could be financially devastating and, in some cases, could genuinely threaten the future of the business.

“Many smaller businesses do not have dedicated HR or legal teams, so they need clear and practical guidance rather than finding out after the event that they have fallen foul of a complex new process. Preparation will be crucial: managers should know how to recognise an access request, who is responsible for responding and how access can be arranged without compromising health and safety, confidentiality or day-to-day operations.”

For employers considering where to start, EC Human Resources recommends appointing a named contact and briefing staff who may receive correspondence, so that requests are handled consistently. Reviewing existing agreements and considering practical access arrangements in advance can also help businesses prepare, alongside keeping clear records throughout the process.

The consultancy supports employers across the Black Country and the West Midlands with access readiness assessments, responses to live requests and trade union consultation and negotiations, with further information available at https://ec-hr.co.uk/.



ENDS

Notes to editors
EC Human Resources is an HR consultancy based in Stourbridge. Established in 2013, it provides outsourced HR and employee relations support to businesses across the Black Country and the West Midlands.

Media contact
Emma Cromarty, HR Consultant
Email: [email protected]
Telephone: 07929 506143
Website: https://ec-hr.co.uk/