The Government has published its response to the consultation it undertook towards the end of last year on how the legal framework for trade unions to request access to workplaces will operate in practice. Notably, this confirms that the new rules around right of access will apply only to employers with 21 or more workers (mirroring the threshold used in the statutory union recognition scheme).

A consultation is also underway on a draft statutory code of practice on trade union right of access (“draft Code”), to which Make UK’s Policy Team will submit a response.

We look at these developments in further detail below.

Overview of 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).

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

This new right is expected to take effect from October 2026.

Timeframes and penalties

We wrote in our earlier article about the process that will apply for unions to request/be granted access to workplaces and, broadly speaking, much of that remains unchanged. That said, the Government’s recently published consultation response and draft Code clarified some aspects of the plans that were unknown. For example, there is some welcome news for employers in that the tight timeframes that had been originally proposed for negotiation of access requests have been extended. We know now that the following timeframes will apply (with scope for the parties to agree further extensions): 

  • The employer “response period” (i.e. the period during which the employer should either agree or object to the access request) will be 15 working days (increased from 5 days as a result of the consultation).
  • The “negotiation period” (during which the parties will agree written access terms) will be 25 working days (increased from 15 days).
  • The “CAC referral period” (which is relevant if no agreement has been reached by the parties) will run until 55 working days after the access request was submitted (increased from 25 days).

While the slight relaxation of these timeframes offers some comfort for employers, the potential costs for an employer which does not permit a trade union to access the workplace (assuming the employer is not exempt) can be extremely high. Notably, under the revised framework, the CAC will be able to issue penalties with limits of:

  • up to £75,000 for a first penalty;
  • up to £150,000 for a second penalty; and
  • up to £500,000 for a third breach subsequent to non-compliance under the same access agreement. (The consultation response commits to keeping this £500,000 maximum under review, with a view to this potentially becoming higher for deliberate non-compliance.)

When determining the appropriate penalty, the CAC will consider a range of factors, including the seriousness and duration of the breach, reasons for the breach, number of workers affected, size and resources of the employer, and any history of non-compliance. The CAC will also have powers to vary access agreements, order steps to ensure compliance and publish information relating to issued penalties (including naming offending employers). The consultation response acknowledges that, as this is a new statutory right, it will be important for the Government to keep its enforcement model under review to assess whether it achieves the right balance between deterrence and fairness.

Other points arising from the consultation response

The Government’s consultation response and draft Code have also clarified some practical points, as outlined below:

  • The draft Code encourages trade unions and employers to continue to use existing voluntary access agreements or agree new access arrangements on a voluntary basis where possible (including making use of the Advisory, Conciliation and Arbitration Service (ACAS) as needed). If agreement cannot be reached, they should follow the statutory process.
     
  • Under the statutory framework, access requests and employer responses will need to be provided in writing and include specific information (which will be set out in legislation, and the draft Code also includes various standardised templates). An access request will need to state, for example, the purpose of the request, whether the union is seeking physical and/or digital access (with reasons), and what support is required to facilitate access. Notably, the draft Code suggests that requests should be directed to "the person or department at the employer with the authority to grant access to the workplace in question" (although this is quite vague, so risks requests slipping through the net).
     
  • The draft Code sets out certain circumstances in which access must not be granted, including:
    • Where an employer has fewer than 21 workers. (The draft Code confirms that where a workplace of fewer than 21 workers is part of a wider company that employs 21 or more workers, that would be within scope of the access policy.)
       
    • Where the proposed access agreement does not provide for at least five working days’ notice ahead of the first access visit and/or is to last more than two years.
       
    • Where granting access would be contrary to the interests of national security or where access would be likely to prejudice the prevention, detection or prosecution of offences.
       
  • The draft Code also sets out the following circumstances in which the CAC may refuse access:
    • Where there is already a recognised union representing one or more of the workers to which the union is seeking access (although the presence of a recognised union will not by default mean that a new access request from a different union must be rejected).
       
    • Where there is an ongoing statutory recognition process at the workplace, concerning one or more workers to which the access request is seeking access.
       
    • Where a statutory access agreement with an independent union is already in place for the same group of workers as are covered by the current access request.
       
    • Where the employer has received multiple access requests simultaneously and at least one worker falls within two or more of the bargaining units specified in the requests.
       
    • Where access may jeopardise the health and safety of any person covered by that access agreement.
       
    • Where the request for access requires the employer to make significant structural changes to its infrastructure (see further below).
       
  • Employers will be expected to take “reasonable steps” to facilitate access.  This will include proportionate use or adaption of existing facilities such as meeting spaces, making available secure communication channels and/or taking reasonable administrative steps (such as issuing building passes). However the Government is keen to ensure that statutory access does not impose disproportionate costs or material operational disruption on employers – so employers will not be expected to make structural changes, such as constructing new meeting spaces, or procure new IT systems or make capital investments purely to facilitate access.
     
  • The “model terms” – which the CAC will use as a benchmark for what is generally appropriate in relation to access terms – will specify weekly access (although the consultation response indicates that this is not expected to be the default for every access agreement). The Government expects unions and employers to engage and negotiate in good faith, and unions will be free to apply for the frequency of access best suited to their needs (which may be less frequently than weekly). The draft Code clarifies that the timing of the visit or meeting may change week by week and weekly access can be averaged over a longer period if the parties agree. The Code includes sections on when and where access can take place, and the importance of employers respecting the privacy of access meetings.
     
  • On a practical level, the draft Code encourages employers to align the organisation of access with events that involve significant proportions of the workforce during work time (such as during induction events or at training courses), and says employers should be receptive to a union’s suggestions for securing access to “non-typical workers” (such as shift workers, part-time workers, and those on family leave etc).
     
  • The draft Code also includes some guidance on “digital access”, explaining that digital access can take place through, but not limited to, the channels used by the employer in question.

Responding to the latest consultation and next steps

The Government is currently seeking views on the draft Code, which will be the main source of practical guidance on the new legal framework. This consultation will close on 20 May 2026. Make UK’s Policy Team will submit a response and is keen to hear your views on the Government’s proposals. If you would like to contribute, please email our Policy Team.

Notably, on 29 April, Make UK together with six other major business groups wrote to Kate Dearden (Minister for Employment Rights) setting out concerns over the trade union proposals in the Employment Rights Act and the Government’s lack of engagement with business on these proposals (you can read our letter here).

In terms of next steps, the Government indicated in its consultation response that it will publish regulations for Parliamentary consideration over the coming months, and it will need to finalise the Code of Practice in due course.

How can employers prepare for these changes?

We know that many of the employers we advise have significant concerns about the degree to which this new union right of access could negatively impact their day-to-day business operations, and – notwithstanding the slight relaxation of the relevant timeframes – negotiating the details of access arrangements, and facilitating those arrangements once agreed, is still likely to impose a significant burden on affected employers.

Even if your organisation does not currently recognise a union, your business could be impacted once the new rules are in force, so you need to prepare.

Moving forward it will be important to listen to and involve your workforce, and to address their concerns. Have you reviewed the status of employee relations and engagement within your organisation recently? If not, now is a good time to do so, for example reviewing communication channels including works councils. Agreeing access agreements on a voluntary basis now, before the new statutory rules come into force, could mitigate against significant difficulties once these changes to the law take effect.

You should also invest in training your managers and HR to ensure they have the necessary skills to work successfully with unions. They will need to understand how trade unions operate, and develop strong skills in negotiating and managing conflict.

In due course you will need to update your operational policies and procedures (including, for example, being clear about who within your organisation will be responsible for receiving and negotiating access requests, plus keeping track of the relevant statutory timelines). Relevant staff will need to understand what facilities and accommodations have been agreed, so no misunderstandings occur.

Other changes on the horizon

Don’t forget that these new union access rules are just one element of the reforms under the Employment Rights Act. You can read more about the other changes in 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.

How Make UK can help

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.

If you haven’t yet done so, you can download our free Employment Rights Act Planner, and we can provide an Audit and Impact Assessment (a structured review to help you understand your levels of risk, prioritise actions and plan with confidence).

You may also be interested in our Employment Rights Act Training for Managers.

Over the coming weeks, our Policy Team will submit responses to the various Government consultations which are currently “live” and is keen to hear your views (see question 5 of the HR and Employment Law FAQs April 2026 for details).

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