The Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026
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Change 1
4 Response notices
(1) This regulation applies when an employer gives a response notice under section 70ZB(4). (2) The response notice must be— (a) in writing and dated; (b) sent to the contact details, given in the access request, of the trade union official who gave the access request on behalf of the trade union. (3) The response notice must contain the following information, unless the response notice is given under paragraph (4)— (a) details for the employer giving the notice as follows— (i) the name of the employer and contact details of the employer or a representative giving the response notice on behalf of the employer, and (ii) the name and contact details of at least one individual authorised to conduct negotiations for an access agreement on behalf of the employer; (b) a statement that the response notice is given under section 70ZB(4) of the Trade Union and Labour Relations (Consolidation) Act 1992; (c) whether the employer is agreeing or disagreeing with the access request given by the trade union, either in whole or in part; (d) if agreeing with the access request, in whole or in part, provide (if agreeing in part, only to the extent relevant)— (i) in respect of each workplace, the name and contact details of at least one individual who would have responsibility for the requested access under the proposed access agreement; (ii) a list of the categories of the workers to whom the trade union have requested access to and the approximate numbers of workers in each category; (iii) where physical entry into any workplace has been requested— (aa) confirmation and, if necessary, further information as to the address and the location of each workplace to which access is requested; (bb) general information as to the times likely to be suitable for such access, taking into account the purpose of the access request; (iv) whether the employer will be able to provide assistance to facilitate access; (e) if disagreeing with the access request, in whole or in part, provide— (i) information as to which part of the access request the employer disagrees with; (ii) an explanation of why the employer disagrees with the access request or that part of the access request; (iii) where the access request is refused because the employer previously received, in relation to substantially the same workers, an access request from another trade union and is in the process of negotiating, or has negotiated, an access agreement with that trade union, confirmation of this and details of that trade union. (4) Where this paragraph applies, the employer need not comply with paragraph (3) but a response notice must contain the following— (a) a statement that the response notice is given under section 70ZB(4) of the Trade Union and Labour Relations (Consolidation) Act 1992; (b) confirmation that the employer agrees with the terms provided with the repeat access request; (c) any new information which the employer would have included in the earlier response notice if it had been available. (5) Paragraph (4) applies where— (a) regulation 3(3)(i) applies to the access request in relation to which the response notice is given, (b) the employer agrees with the terms provided with the repeat access request, and (c) the employer complied with paragraph (3) in a response notice relating to the previous access request referred to in regulation 3(3)(i).
4 Response notices
(1) This regulation applies when an employer gives a response notice under section 70ZB(4). (2) The response notice must be— (a) in writing and dated; (b) sent to the contact details, given in the access request, of the trade union official who gave the access request on behalf of the trade union. (3) The response notice must contain the following information, unless the response notice is given under paragraph (4)— (a) details for the employer giving the notice as follows— (i) the name of the employer and contact details of the employer or a representative giving the response notice on behalf of the employer, and (ii) the name and contact details of at least one individual authorised to conduct negotiations for an access agreement on behalf of the employer; (b) a statement that the response notice is given under section 70ZB(4) of the Trade Union and Labour Relations (Consolidation) Act 1992; (c) whether the employer is agreeing or disagreeing with the access request given by the trade union, either in whole or in part; (d) if agreeing with the access request, in whole or in part, provide (if agreeing in part, only to the extent relevant)— (i) in respect of each workplace, the name and contact details of at least one individual who would have responsibility for the requested access under the proposed access agreement; (ii) a list of the categories of the workers to whom the trade union have requested access to and the approximate numbers of workers in each category; (iii) where physical entry into any workplace has been requested— (aa) confirmation and, if necessary, further information as to the address and the location of each workplace to which access is requested; (bb) general information as to the times likely to be suitable for such access, taking into account the purpose of the access request; (iv) whether the employer will be able to provide assistance to facilitate access; (e) if disagreeing with the access request, in whole or in part, provide— (i) information as to which part of the access request the employer disagrees with; (ii) an explanation of why the employer disagrees with the access request or that part of the access request; (iii) where the access request is refused because the employer previously received, in relation to substantially the same workers, an access request from another trade union and is in the process of negotiating, or has negotiated, an access agreement with that trade union, confirmation of this and details of that trade union. (4) Where this paragraph applies, the employer need not comply with paragraph (3) but a response notice must contain the following— (a) a statement that the response notice is given under section 70ZB(4) of the Trade Union and Labour Relations (Consolidation) Act 1992; (b) confirmation that the employer agrees with the terms provided with the repeat access request; (c) any new information which the employer would have included in the earlier response notice if it had been available. (5) Paragraph (4) applies where— (a) regulation 3(3)(i) applies to the access request in relation to which the response notice is given, (b) the employer agrees with the terms provided with the repeat access request, and (c) the employer complied with paragraph (3) in a response notice relating to the previous access request referred to in regulation 3(3)(i).
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