Transport employers should plan for increased employee relations risk

As part of the sweeping trade union reforms being introduced by government, the new trade union right to access the workplace will have a significant impact on many employers in the transport sector.  The new right of access coming into force in October 2026 will mean that trade unions will be able to apply to access to the workplace to meet, support, represent, recruit and organise workers.  The transport sector already has extensive union representation across the board, but we expect to see unions targeting these organisations as they will be looking to increase their membership.  Where businesses recognise unions and their recognition agreements do not include rights of access to the workplace, unions may seek to apply for access to meet with the workforce and use it to recruit more members.  For transport sector employers who do not recognise a union, they are likely to find unions seeking access with a view to achieving recognition.  Employers will have limited time to respond to requests and little scope to refuse access outright.  The penalties for breaching an access agreement are also significant, ranging from up to £75,000 for a first penalty to up to £500,000 for a third and subsequent breaches. 
 
This represents a step change in the industrial relations landscape.  Employers should be considering their employee engagement arrangements now and thinking about how they might want to respond to any access requests in advance of October 2026.  We are holding an afternoon industrial relations training event on 29 September 2026 in our London office, where we will be looking at the new trade union right of access in more detail including hosting a panel discussion with industry experts.  To register your interest, please email Events.