30.07.2026

The Government has published its response to the consultation it undertook earlier this year on the draft statutory Code of Practice on Trade Unions’ Right of Access into Workplaces (the Code). It has also laid before Parliament a revised draft Code of Practice (which will be the main source of practical guidance on the new right of access framework), along with draft regulations (see here and here).

This new statutory entitlement for unions to access workplaces marks a fundamental shift in the employee relations landscape. The Government hopes that it will lead to more stable and constructive industrial relations, by enabling trade unions to contribute positively to workplace culture and fostering open communication and trust between employers and workers. However, many employers have concerns about the disruption these changes could cause to their business operations, and the potential implications of unions achieving a growth in membership.

Regardless of whether your organisation does or does not currently recognise a union, your business could well be impacted once the new rules are in force, so it is vital to be well prepared. 

We look at these developments in further detail below.

What is the new statutory right of access?

Under the Employment Rights Act 2025, certified independent trade unions will have a new statutory right to request access to workplaces for a broad range of “access purposes” (i.e. to meet, support, represent, recruit and organise workers – whether or not they are members of a trade union – and to facilitate collective bargaining). It seems inevitable that this will enable trade unions to increase their membership in the workplace.

It is important to stress that the union will not need to have existing recognition rights, existing members within the workplace or to have had a previous presence at the workplace. Note too that an approach can be made independently by multiple unions or alternatively unions can make a joint request. One access request can apply to multiple sites.

If no agreement is reached between the parties, the Central Arbitration Committee (CAC) will have the power to order access arrangements.

The new rules will not apply to employers with a total company wide headcount of fewer than 21 workers.

(As a reminder, we have tracked the developments of these rules in our earlier articles here and here.)

How has the Code of Practice changed since the consultation?

The Government received 793 responses to its consultation on the Code, following which it has made limited changes. Updates include a new summary table showing the maximum time periods available for each stage of an access request process, additional practical examples to support application of the Code in a wider range of workplace contexts and various updates to the standardised templates in the Annexes (with a view to making them more user-friendly). The draft Code now includes clearer guidance on various issues, including the following:

  • The process for submitting and responding to access requests. The updated Code clarifies that the 15 day “response period” starts to run from the day the access application is submitted, not when it is passed on to the correct person or team within the employer. (We explored the various stages of the access request process in our earlier article). The Code encourages trade unions to use the standard form template access request - and that is what we anticipate employers will see in practice - but use of the templates by the union is not mandatory. The Code explains that employers should not regard minor accidental clerical or administrative errors in an application as a reason to reject it, stating that employers and unions should work together to correct any errors. 
     
  • How access should operate across multiple workplaces and in different workplace settings (for example, use of workplace facilities, and the need to take account of relevant operational, health and safety, security, and safeguarding considerations). The Code notes that trade union officials often have the necessary security clearance to enter workplaces in which such clearance is required, and that employers should raise any health and safety considerations in their response to an access request and discuss these with the union during negotiations. The Code also provides guidance on how access arrangements should be handled in complex circumstances, such as where the employer does not control the premises, and where workers have non-typical working patterns.
     
  • The circumstances in which the CAC may reasonably refuse access, including where the employer already recognises a union, is involved in an ongoing statutory recognition process, or has a statutory access agreement with another union in respect of one or more of the workers covered by the access request. Unlike statutory trade union requests, though, recognition of another trade union is not a mandatory reason to reject an access application, which could well lead to intra-union disputes. Crucially, the updated draft Code still lacks clarity on situations where employers receive multiple requests from different unions at the same time and so the presumption is that companies will have to consider each application on its own individual merits.
     
  • Frequency and timing of access. Notably, the updated Code says the following:
     
    • Weekly access (or less frequently if the trade union does not want weekly access) will be regarded as a model term by the CAC. ‘Weekly access’ means a visit or meeting that workers subject to the access agreement have the opportunity to engage with, whether in person and/or digitally. Engagement could take a variety of forms, including a drop-in surgery or a presentation. 
       
    • Cascading of an email, or the administrative action of setting up an online meeting, by the employer on behalf of the trade union (which is a requirement detailed in the Code) will not constitute an instance of weekly access (unless the trade union chooses to treat it as such).
       
    • Access should take place during working hours, and workers should therefore be paid in full for this time unless access is during an unpaid break period (although there is no reference to the Working Time Regulations in the Code). Notably, the Code still does not make clear how much time off workers should be allowed for each access meeting. It seems unlikely that this will be less than 45 minutes per meeting and, when added to downtime, it seems feasible that the workplace could lose at least 60 minutes downtime per impacted worker per week.
       
  • How digital access arrangements should work in practice (including data-sharing and consent issues). The updated Code includes clearer drafting on how privacy should be protected, for example where the employer operates surveillance, recording and monitoring (both in-person and digitally). It states that employers should not seek to record online meetings or monitor the attendance of online meetings. The digital access arrangements will not replace physical access arrangements, unless the trade union so agrees.
     
  • The enforcement framework, particularly in cases involving repeated breaches. As outlined in our earlier article, the CAC will have the power to issue significant financial penalties in the event of non-compliance. The updated Code sets out more clearly the factors that the CAC must consider when determining the level of any penalty (including the gravity, duration of and reason for the breach). For example, where access is agreed on a weekly basis and, following an initial complaint being upheld, access is then obstructed on three consecutive weeks, the union may submit a separate complaint in respect of each missed occasion. The CAC may treat those complaints individually and issue a separate penalty in respect of each, moving up the scale (up to £75,000 for a first penalty order or first subsequent complaint, £150,000 for the second, and £500,000 for the third or subsequent complaints). In addition, breaches at separate company sites will count as multiple breaches. 

What next? 

The updated Code and draft regulations have been laid before Parliament where they will be subject to scrutiny, following which they will be brought into force. They will take effect from 30 October 2026. 

Notably, the Government has stated that it will review the statutory access framework within six months of implementation. Areas expressly identified for review include the scope of workplace access rights, the 21-worker threshold, and the effectiveness of the enforcement and penalty provisions. This means the Government may consider whether the regime is too broad or too narrow, whether smaller employers should remain exempt on the current basis, and whether the CAC penalty framework is working as intended. 

This review may lead to changes to the Code and/or regulations in due course. A further consultation is expected in spring 2027, so employers, unions and other stakeholders are likely to have an opportunity to comment on practical issues arising from early implementation. This may include operational difficulties with access requests, multi-site arrangements, digital access, overlapping union requests, enforcement, and penalties.

How can employers prepare for these changes?

The draft Code strongly urges unions and employers to continue to use existing voluntary access arrangements or agree new access arrangements on a voluntary basis in the first instance (before moving to the statutory framework).

Moving forward it will be increasingly important for employers to listen to and involve their workforce, and to address any concerns swiftly. If workers feel like they are being listened to, they may be less likely to seek union representation. Now is therefore a good time to review the status of employee relations and engagement within your organisation and show how you do so going forward, to ensure there is a smooth conduit between the company and the workforce. Make UK can support you, for instance, we can help set up work councils and train your employee representatives and management on the new rules, as well as improving your communication and engagement strategies.

It is important to reflect on what access could look like on a practical level for your organisation. For example, consider the following:

  • Who within your organisation will be responsible for handling each stage of the access request process (such as receiving, acknowledging, responding to and negotiating access requests, keeping track of the relevant statutory timelines and maintaining appropriate records)? You will need to make sure that your operational policies and procedures set out clearly how you expect access requests to be handled.
     
  • How will you train your managers and HR to ensure they have the skills they need to work successfully with unions? It will be vital for them to understand how trade unions operate, and develop strong skills in negotiating and managing conflict. They will also need to understand what facilities and accommodations have been agreed under an access agreement, so no misunderstandings occur.
     
  • What health, safety, security and strategic considerations will you need to navigate to facilitate union access (both in-person and digital access, understanding that a trade union is very likely to start with digital access and then later request in-person access)? 
     
  • What steps will you take to protect the privacy of access meetings (for example, switch off relevant CCTV)? 
     
  • How will you manage access for workers who have atypical working patterns? 
     
  • Will you need to liaise with a third party to facilitate access (for example, if you do not own the premises from which you operate)? 
     
  • Is there a union (or unions) you would prefer to work with? If you have multiple sites and not all are unionised, do you want to form a partnership arrangement with a union you already recognise on a voluntary basis, or would you prefer to work with a different union?

How Make UK can help

These new union access rules are just one element of the reforms under the Employment Rights Act; to read about other changes see our Employment Rights Act Knowledge Base. In particular, our Trade Unions/Industrial Action Spotlight covers: union rights of access; a new obligation on employers to provide workers with a written statement of their right to join a trade union; simplification of strike action rules; protection for strike action; simplification of the statutory recognition process; enhanced right to time off; and electronic and workplace balloting.

We will be exploring all the key changes under the Employment Rights Act at our Employment Law Updates. To book your place, click here.

Our HR and legal experts have significant experience in advising members on trade union and industrial action related issues. Our HR consultants can work alongside your HR and leadership teams to support you with the following:

  • Preparing for increased union access: Reviewing your current arrangements, designing compliant access processes, and supporting responses to union requests.
     
  • Managing recognition activity and CAC processes: Practical support with recognition requests, bargaining units, ballots, and next steps following recognition.
     
  • Collective bargaining and negotiations: Hands-on help with pay negotiations, collective discussions, and manager coaching during high-pressure conversations.
     
  • Building manager and HR capability: Training and guidance to help managers and HR teams understand new rights, roles and expectations, and build confidence in negotiating and engaging with trade unions in practice (supported by Working Successfully With Trade Unions).
     
  • Identifying and managing industrial action risk: Early risk assessment, support with lawful responses, and clear communication planning.
     
  • Strengthening consultation and employee engagement: Advice on works councils, consultation structures, and addressing the issues that often sit behind union activity.

Please click here for information on how we can help your business.