The Government has published its response to the consultation on the right of trade unions to access workplaces that closed on 18 December 2025, and it has also launched a new consultation on a draft Code of Practice on trade unions’ right of access to workplaces.
The draft Code of Practice provides practical guidance on how the statutory framework under the Employment Rights Act 2025 will operate. Under the new measures, trade unions with a certificate of independence will be able to request access for the purposes of meeting, supporting, representing, recruiting, or organising workers, as well as facilitating collective bargaining. However, organising industrial action is explicitly excluded.
Employers with fewer than 21 workers, as well as premises that are private dwellings, will be excluded, although hybrid residential/work settings may be within scope.
Employers and unions will be encouraged to agree on access terms voluntarily, with Acas (Advisory, Conciliation and Arbitration Service) available to assist the parties. If voluntary talks fail, the statutory process will apply.
The new Code of Practice will include information on:
- how access requests should be made
- how access agreements should be negotiated and implemented across different types of workplaces
- applications to the Central Arbitration Committee (CAC) if negotiations are unsuccessful and CAC decision-making
- ‘model’ terms of an access agreement
- operation of an access agreement, including digital access
- resolving disputes through the CAC and enforcement
- best practice examples to support effective engagement.
The Government will publish a response to the consultation after it closes on 20 May 2026. The feedback will inform potential amendments to the Code, which is expected to be implemented by October 2026, subject to parliamentary approval.
