As new laws are introduced from October 30th enabling trades unions to request access to any workplace with at least 21 workers, RSM UK says businesses must prepare now to receive rights of access requests. The new law enables trade unions to request regular access to premises to promote union membership and support their staff.

RSM UK’s Workforce Survey found trade union rights of access is a top concern for one in five (20%) businesses. Charlie Barnes, Head of Employment Legal Services at RSM UK said: “While the new trades union ‘rights of access’ law has raised major concerns among businesses, it’s coming soon and can’t be ignored. Businesses should put plans in place now, so they are prepared for the inevitable request to access their premises and meet with staff. The code of practice has a presumption in favour of access being granted, meaning if businesses refuse, the CAC (Central Arbitration Committee) is likely to grant it.

“Unions can potentially request weekly access to staff which will increase employers’ costs due to lost productivity and disruption to operations, particularly for those with staff across multiple sites. Employers must also ensure all time staff spend meeting with unions under an access agreement is classed as paid working time.

“We’d recommend businesses get ahead of the game and have a clear plan in place for managing union access requests before one lands on their desk, as once this happens, they only have 15 business days to respond, and a further 25 days to negotiate terms of access.”

Under the new rules, trade unions do not need to be formally recognised by an employer to request access rights to meet with employees. RSM’s Workforce research found that while more than a third (38%) of businesses are prepared to recognise a trade union, a quarter (25%) are seeking to improve collaboration with a union, but don’t want to formally recognise one, while almost a quarter (23%) already recognise a trade union.

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