I fear trade unions will have access to my family firm's employees under new rules - should I be worried?

I own a small family firm and employ three staff members and one long-time family friend. 

I am worried about new rules that mean trade unions have the right to access my business.

Is it true that union representatives can set up here and contact my employees? And will I be fined if I refuse?

Angharad Carrick of This Is Money: I understand your concern as the burden on small businesses seems to have ratcheted up in recent years.

In addition to rising energy costs thanks to the Middle East conflict, new workplace rules introduced by the Government have added to a growing pile of administrative tasks for business owners.

New rules coming into force next week have largely gone under the radar, and you are right that Labour has introduced new workplace access rights for trade unions.

We asked two experts to explain the new rules and whether you might be affected.

Jo Mackie, employment partner at law firm Michelmores, said: From 30 October 2026 trade unions will have a right to visit and speak to workers in the workplace.

If the employer does not agree to a union’s request for access, the Central Arbitration Committee (CAC) can rule whether that access should be granted and on what terms.

Unions should generally be allowed to enter the workplace and communicate with employees if this does not unreasonably interfere with the employer's business. 

What is and isn’t unreasonable will be a question of fact in each case.

A union must follow the prescribed process to request access; it cannot just show up unannounced.

Once it requests access the employer has 15 days to respond - and if it denies the request must give a reason why.

While there is undoubtedly concern about how the new rules on Trade Unions will bite, the legislation applies only to businesses with 21 or more employees. 

For your small business employing three or four people there is no right of union access and nothing to be concerned with.

Kelly Smallcombe, of Meliorem HR Consultancy, said: Under the new rules, the CAC cannot impose an access agreement on an employer with fewer than 21 workers.

However, the Government has said the threshold will be kept under review, so the exemption may not remain unchanged indefinitely.

The threshold applies to workers, rather than only employees. Depending on their legal status, workers can include some contractors and agency staff.

Headcounts may also be calculated across associated employers, so separating staff between connected companies will not necessarily place a business below the threshold.

On the information provided, your three employees and family friend would give you a headcount of four. 

Unless you employ other qualifying workers or are part of a larger group of associated employers, the CAC would have to refuse an application for statutory access.

A union could still approach you and ask to agree to access voluntarily, but you would not be compelled to accept under this statutory process while your business remained below the threshold.

Crucially, access does not mean union representatives can simply arrive and establish a permanent presence, either physically or digitally.

A union cannot automatically obtain workers’ personal contact details: workers must consent before those details are shared for direct contact.

And the arrangements must not unreasonably interfere with the business and could cover meetings, advice, advocacy, recruitment, representation or facilitating collective bargaining.

Can small firms be fined for refusing access?

The headline fines are substantial, but they would not apply merely because your four-person firm refused an initial request.

They relate to breaches of a statutory access agreement or CAC order. 

The maximum is £75,000 for a first penalty order, £150,000 for a second and £500,000 for a third or subsequent order under the same agreement.

You should nevertheless keep an accurate record of everybody working for the business and check their employment status, particularly if you use contractors or agency staff or operate through connected companies.

Jo Mackie adds: Remember though that your duties as an employer remain and you must protect your employees under health and safety legislation and maintain the rights of your employees under Equality Act and Employment Rights Act laws. 

If in doubt, speak to an HR consultancy or an employment lawyer.