From 30 October 2026, there will be a new statutory framework that means an independent trade union can formally request access to a workplace and/or request to be able to communicate with workers for the purposes of:
- meeting, supporting, representing, recruiting or organising workers,
- or facilitating collective bargaining,
- although importantly they can not do so to organise industrial action.
Trade Unions will be able to request access to a workplace from any company with 21 or more workers in total (across all locations).
The new right is not limited to unions that an employer already recognises, and the new right does not require the union to demonstrate a particular level of membership of the existing workforce or support from the workforce.
Small Production Companies in the UK film and TV sector rarely formally recognise unions, but they will engage large numbers staff who are already union members.
These new requirements will not replace existing Collective bargaining arrangements (“CBAs”) between Pact and Equity/BECTU etc, but will sit alongside the existing arrangements.
A valid request from a Trade Union to request access to the workplace cannot be ignored. You can read further details from the Lawyers Wiggin LLP in their guidance “New trade union access rights: what do film and TV businesses need to know?” here.