On 28 October 2026, the Central Arbitration Committee (“CAC”) published four templates for use when making and responding to requests under the Trade Unions (Right to Access Workplaces) Regulations 2026. This arises from changes under the Employment Rights Act 2025 (“ERA 2025”) relating to qualifying independent trade unions having a statutory right to access workplaces to meet, recruit, organise, support, and represent workers, or to facilitate collective bargaining. This right came into force on 30 October 2026.
The templates cover the initial request for access and employer response, together with notification of an agreed access agreement and any subsequent agreed variation or revocation.
What templates are available?
- Trade Union Access Request: for an independent trade union seeking to negotiate access to workers. The template covers the workers concerned, whether physical or digital access is sought, and the proposed frequency and duration of access.
- Employer Response Notice: for an employer to indicate whether it accepts or declines the request, wholly or partly, and to explain any rejected elements and the reasons for rejection.
- Access Agreement Notification: for the parties to notify the CAC of an agreed access agreement. Both parties sign and date the notification and attach the agreement, although either party may submit it on behalf of both.
- Access Agreement Variation/Revocation Notification: for joint notification of an agreed change to, or revocation of, an agreement previously notified to the CAC.
There is no requirement to copy the initial access request or employer response notice to the CAC before notifying it of a statutory access agreement.
The publication of these templates is another step in the implementation of the raft of ERA 2025 trade union reforms, following our previous update on the new duty to inform workers of their right to join a trade union from 1 January 2027.
What do the model terms cover?
The regulations set out model terms for workplace access, covering both the frequency and notice of visits and the practical arrangements for access. The CAC must treat a term that matches a model term as reasonable. Schools and MATs should therefore expect unions to seek these terms when negotiating access arrangements and take them into account when preparing their response.
Model term | What it provides |
Frequency of access | Access once a week. |
Notice of the first visit | Five working days’ notice before the first visit. |
Notice of later visits | Two working days’ notice before subsequent visits. |
Meeting space | Use of existing meeting space for access. |
Privacy | Privacy for meetings between union officials and workers. |
Conduct of union officials | Union officials must follow reasonable instructions during access. |
What are the key timings and model terms?
Stage | Timing | What this means |
School / MAT response | 15 working days | Respond to the request, naming a contact person and stating whether the School / MAT agrees. If not, explain why. |
Negotiations | A further 25 working days | A negotiation period follows to allow the parties to agree access arrangements. |
Application to the CAC | If negotiations end without agreement, or the employer does not respond within the response period | The union can apply to the CAC, which decides whether access should be granted and on what terms. |
Frequency of access | Once a week | The frequency provided for by the model terms. |
First visit | Five working days’ notice | The notice provided for by the model terms before the first visit. |
Later visits | Two working days’ notice | The notice provided for by the model terms before subsequent visits. |
What should Schools and MATs do now?
Schools and MATs should ensure that access requests are identified promptly and directed to the appropriate designated individual. This can be the HR or employee relations contact, or Headteacher, depending on your School. The key is not to ignore the request. The template expressly contemplates that it may be sent to a publicly available employer email address where no address has been provided to the union. Clear internal arrangements for monitoring and escalating correspondence will therefore be important.
Schools and MATs should also familiarise themselves with the new templates and identify in advance who will be responsible for responding to requests, coordinating negotiations and obtaining any internal approvals. Missing a request or failing to engage promptly could result in an application being made to the CAC.
The CAC has confirmed that 23 November 2026 is the earliest date on which an application can be made where an employer has not responded to a statutory access request. Application forms will be available from 16 November 2026. Schools and MATs should familiarise themselves with the templates now and establish who will respond to requests and conduct any negotiations.
This is also a timely reminder that putting in place trade union recognition agreements will likely provide a helpful framework for managing union relations and avoid unnecessary disputes. Schools and MATs are in a fortunate position as compared to the private sector, and many will already have facilities and access arrangements in place. Notwithstanding, the publication of these templates is an apt reminder for Schools and MATs to review their internal processes and ensure that statutory access requests can be recognised and managed quickly and effectively, and that either trade union recognition agreements are put in place or reviewed and brought up to date to ensure compliance with the new statutory framework.
This briefing is not intended to be a definitive statement of the law and is correct at the time of publication. It should not be taken as a substitute for professional legal advice. It does not represent the views of Winckworth Sherwood or any of the authors.
If your school or MAT require advice and assistance with industrial relations, ERA 2025 or any other school HR or employment law related matter please contact Winckworth Sherwood’s dedicated Schools HR helpdesk on schoolshr@wslaw.co.uk or 0345 026 8690.