Trade union right to access workplaces: draft Code of Practice and consultation

The government has published a draft Code of Practice and launched a consultation to obtain views on its proposals.

These changes are significant and will impact most organisations - including those who have had little or no engagement with unions to date.  

Background

Under the existing legislative framework, trade unions don't have a general independent right of access to workplaces. 

The Employment Rights Act 2025 inserts new provisions in the Trade Union and Labour Relations (Consolidation) Act 1992 designed to promote co-operation between unions and employers to help 'deliver, growth, productivity and better working lives' by introducing statutory ‘access agreements’. 

What is a statutory access agreement?

This is an agreement between a qualifying trade union and an employer which provides that one or more officials of the union can physically enter a workplace or communicate with workers to:  

• meet, support, represent, recruit or organise workers (whether or not they are members of a trade union); and/or
• to facilitate collective bargaining.

Access agreements can't be used to organise trade union action. 

The draft Code of Practice explains how the statutory procedure will work in practice. 

How does a union obtain access under the statutory scheme?

Once a union has decided that they want to go into your workplace to talk to your staff, they will contact you. If you don't engage or you say no, the union can initiate the statutory process. This involves submitting a request and giving you up to 15 working days to respond which can be extended by agreement.

You have two main options:   

• agree to the request and start to negotiate the terms of the agreement (you have 25 days to do this - unless you mutually agree to extend this); or
• refuse the request.

What happens if you agree to give the union access?

Once you've agreed terms, you and the union must jointly notify the CAC who will lodge the agreement.

… and if you don't?

The Code requires both you and the union to negotiate in ‘good faith’ and try to find ‘pragmatic practical solutions to any potential issues that may arise’. But if you can't agree, either you or the union can contact the CAC and ask it to decide whether to grant the union access to your workforce and to set out the terms of that access. In reality - it's likely to be the union that makes the referral.

The referral should be made within 15 working days, but this can be extended.

What factors will the CAC take into consideration before reaching a decision? 

There is a presumption in favour of granting an access agreement - even if you don't recognise a union and your staff aren't members of that union. 

The CAC will balance the right of the trade union to enter your workplace with your right to continue to operate without unreasonable interference. The Code explains the circumstances where i) access won't be granted - generally only where access would present a genuine risk to national security, and ii) where it is reasonable not to grant access. 

With regard to the latter, the following circumstances are relevant:

• where the employer already recognises an independent trade union that represents one or more workers
• where a union has started the statutory process to obtain recognition; and
• where a different union has a statutory access agreement in place with the employer.

It also explains what other factors the CAC will take into consideration such as how to deal with safeguarding issues. In the context of schools and colleges, this may include requiring union officials to have an enhanced DBS check before they can access the workplace.

Please note: unlike the statutory recognition process, there are no minimum levels of union membership or support which the union has to demonstrate to obtain access to your workplace, and the CAC will not take this into account.

How long will the CAC take to reach a decision?

There is no specific deadline set out in the Code. 

How often do you have to allow a union to access your workforce under the statutory framework? 

You can agree this with the union, but if you can't agree the CAC will decide what is appropriate. 

The Code refers to ‘model’ terms . A union who submits a request using these model terms is more likely to persuade the CAC to approve them than if they submit ‘complex’ requirements.  

We don't have sight of the model terms but the Code indicates these are likely to include the following requirements: 

• Weekly access either in person or virtually - provided it doesn't interfere with your business; and
• The union giving you at least five working days notice of its first access and at least two days notice on all other occasions.

You also have to take into consideration any members of your staff who don't work typical working patterns. The Code requires you to ensure that the union has a ‘broadly equivalent’ level of access to these workers although it acknowledges that this may be best achieved via digital access. 

Where should meetings take place and what steps should you take to faciliate these?

Meetings can take place on line, in the workplace, or in a combination of the two.

You should follow your usual custom and practice. Therefore if you host meetings in a specific area - such as the canteen, or in a conference room, you should offer the same arrangements to the union. If these spaces aren't big enough to accommodate everyone, the union may have to host several small meetings, or use digital means to communicate with your staff. You don't have to hire a big enough space, nor do you have to make significant structural changes to your premises. 

You are, however, expected to take reasonable steps to facilitate access such as moving chairs and tables around to make space for a physical meeting. 

The union can, if it wishes, find a different space to host the meeting at its own expense. All you have to do is to tell staff where and when the meeting will take place. 

In terms of digital access, you may have to cascade factual union information to your staff, or faciliate online meetings via your existing IT platforms. Unions can not communicate directly with your staff (for example via their email address) unless the worker has given their consent. 

Do the parties have to use special forms to make and respond to a request?

Yes. The draft Code includes template documents the parties should use to ensure that all information is provided.

How long will an access agreement last?

A maximum of two years from the date of the agreement (whether agreed or imposed by the CAC).

Are any workplaces excluded?

Yes. Employers with fewer than 21 employees do not have to reach an access agreement with a union, and the CAC will not intervene if the employer says no. 

Please note this exception applies to the total number of employees, assessed on an employer-wide basis. This means that employers who operate across more than one site will be within scope, even if one of their workplaces only engages a handful of people. 

Do you have to change arrangements if they are already working?

No. If you already have an arrangement in place with a union you can continue to follow this. There is no need to formalise it through the new statutory process. 

How will access agreements be enforced?

Will the Code of Practice be legally binding once finalised?

The Code doesn't impose any obligations on employers (or unions) and neither party can sue the other if they don't follow it. But it will be admissable in evidence in any proceedings before a tribunal, court or the CAC if it is relevant to the issues they are determining. 

How to respond

You can respond here. The deadline is 11.59pm on 20 May 2026.

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