The Trade Unions (Right to Access Workplaces) Regulations 2026
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Change 1
7 Number of workers
(1) This regulation applies where the employer, taken with any associated employer or employers, employs— (a) fewer than 21 workers on the day on which the employer receives the access request made under section 70ZB(1) of the 1992 Act; and (b) an average of fewer than 21 workers in the 13 weeks ending with that day. (2) To find the average for the purposes of paragraph (1)(b)— (a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of a week); (b) aggregate the 13 numbers; and (c) divide the aggregate by 13. (3) For the purposes of paragraph (1)(a) any worker employed by an associated employer in a company incorporated outside Great Britain must be ignored unless the day on which the request was made fell within a period during which that worker ordinarily worked in Great Britain. (4) For the purposes of paragraph (1)(b) any worker employed by an associated employer in a company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which that worker ordinarily worked in Great Britain. (5) For the purposes of paragraphs (3) and (4) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless— (a) the ship’s entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging; (b) the employment is wholly outside Great Britain, or (c) the worker is not ordinarily resident in Great Britain. (6) Paragraph (7) applies to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations 2010 (contract with the temporary work agency) is not a contract of employment. (7) For the purposes of paragraphs (1) and (2), the agency worker is to be treated as having a contract of employment with the temporary work agency for the duration of the assignment with the employer (and “assignment” has the same meaning as in those Regulations).
7 Number of workers
(1) This regulation applies where the employer, taken with any associated employer or employers, employs— (a) fewer than 21 workers on the day on which the employer receives the access request made under section 70ZB(1) of the 1992 Act; and (b) an average of fewer than 21 workers in the 13 weeks ending with that day. (2) To find the average for the purposes of paragraph (1)(b)— (a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of a week); (b) aggregate the 13 numbers; and (c) divide the aggregate by 13. (3) For the purposes of paragraph (1)(a) any worker employed by an associated employer in a company incorporated outside Great Britain must be ignored unless the day on which the request was made fell within a period during which that worker ordinarily worked in Great Britain. (4) For the purposes of paragraph (1)(b) any worker employed by an associated employer in a company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which that worker ordinarily worked in Great Britain. (5) For the purposes of paragraphs (3) and (4) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless— (a) the ship’s entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging; (b) the employment is wholly outside Great Britain, or (c) the worker is not ordinarily resident in Great Britain. (6) Paragraph (7) applies to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations 2010 (contract with the temporary work agency) is not a contract of employment. (7) For the purposes of paragraphs (1) and (2), the agency worker is to be treated as having a contract of employment with the temporary work agency for the duration of the assignment with the employer (and “assignment” has the same meaning as in those Regulations).
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