Employers: recognise a trade union
Workplace access during the recognition process
If the Central Arbitration Committee (CAC) accepts the union’s application for recognition, the union can request access to the workplace to engage with workers. They must do this in writing, within 5 working days. Access can be physical, digital or written.
You and the union then have 15 working days to negotiate an access agreement. This can be extended if you and the union agree.
If you and the union cannot reach agreement on access, the CAC will determine what access arrangements should be put in place. They must do this within 10 working days.
For more information on how the CAC makes its decision, read the Code of Practice on access and unfair practices during the recognition and derecognition process.
Making an access agreement
When making an access agreement, you should consider:
- physical access to workplaces
- digital access, for example virtual meetings
- written access, for example distribution of written materials
During the access period, you and the union should try to meet:
- once every 5 working days
- for a minimum of 45 minutes
You and the union should implement access arrangements flexibly.
The access period starts once an access agreement has been agreed or determined by the CAC and runs until the ballot on union recognition closes.
Employer duties
You must comply with the access agreement once it’s in place. If you do not, the union can complain to the CAC. If the CAC finds you have breached the agreement, they may:
- tell you to take reasonable steps to comply with it
- automatically recognise the union if you do not
You also have the right to complain to the CAC if the union is not complying with the access agreement.