UK retailers have warned that proposed changes to trade union access rights could create operational and cost pressures across the sector, as the government advances plans under its employment reforms.
The consultation on the trade union right of access, part of the Employment Rights Bill, sets out a new legal framework allowing unions to enter workplaces and communicate with staff both physically and digitally.
For retailers, the proposals mark a significant shift from the current system, where access is typically agreed voluntarily.
The British Retail Consortium (BRC) has responded to the latest developments, stating that while the industry supports fair working conditions, elements of the policy need careful design to work in practice.
New access rules explained
Under the proposed legislation, trade unions would gain statutory rights to request workplace access for activities such as meeting, recruiting and organising workers. Employers would be required to respond within a defined process, with oversight from the Central Arbitration Committee.
The framework also introduces provisions on how access is granted, how disputes are resolved, and potential penalties for non-compliance.
In its response, the BRC acknowledged the broader objective behind the reforms. “Retail supports measures that strengthen protections for workers,” it said, pointing to existing efforts across the industry to provide “fair, secure and flexible jobs.”
However, the organisation stressed that implementation details will be critical, particularly in high-volume, customer-facing environments such as shops and distribution centres.
Retail operational concerns
Retailers have raised concerns about how expanded union access could affect day-to-day operations, especially in busy store settings where space and staffing are tightly managed.
The BRC noted that combining new access rights with other proposed changes, including adjustments to union recognition rules, “raise real concerns for employers”. It added that existing thresholds help ensure that union recognition reflects workforce support, suggesting that changes could alter that balance.
There are also practical considerations around how access requests are handled. The proposed system requires formal processes and timelines, which industry groups say could increase administrative workload.
Retailers are simultaneously managing wider cost pressures. According to the BRC, rising employment costs and external economic factors are already affecting business operations, with implications for pricing and hiring decisions.
Balancing worker rights and flexibility
The government’s consultation is part of a broader effort to reshape employment rights, including strengthening worker protections and increasing union engagement.
Alongside access rights, proposals include new requirements for employers to inform staff of their right to join a union, and clearer rules governing workplace communication.
The BRC said it supports the overall aim of improving worker protections but warned that policy must remain workable across different sectors. “It is vital that we get the remaining elements… right, so we can strengthen protections and support jobs,” it said.
It added that poorly calibrated reforms risk unintended consequences, including “reducing job opportunities and limiting the flexible roles that millions of people rely on.”
As the consultation process continues, retailers are expected to engage further with policymakers to shape the final framework before implementation, currently anticipated from 2026.
