Trade union reforms: Government publishes consultation responses

Below, we summarise the key points from each response.

Code of Practice on trade unions' right of access into workplaces

The government has published its response to the consultation on the Code (which you can read more about here) ahead of the new right taking effect in October 2026. 

In response to concerns, the government has amended the Code to:

• provide clearer guidance on the enforcement framework, including penalties and the handling of breaches;
• explain how access agreements should operate across multiple workplaces and working environments;
• improve guidance on practical issues such as paid time, digital access and minor administrative errors; and
• clarify when employers may reasonably refuse access and how existing arrangements should be taken into account. 

The government has now laid the revised Code before Parliament for debate. 

We'll be writing a separate blog to go through the detail on this as we know that this is one of the changes you are most concerned about.

Code of Practice on electronic and workplace balloting for statutory union ballots

The government plans to introduce electronic, hybrid and workplace voting for statutory trade union ballots in August 2026. A new Code of Practice will provide guidance on these voting methods. Following consultation (which we wrote about here) the government has made a number of changes to the Code.

Respondents wanted clearer, technology-neutral definitions. In response, the government has expanded the definitions and not referenced specific technologies. It has also renamed ‘hybrid electronic balloting’ to ‘hybrid voting’ to better reflect the combination of postal and electronic voting. 

In relation to electronic balloting, the code clarifies how multiple voting attempts should be handled, and which vote will take precedence. It also explains new provisions allowing certain small and accidental errors or failures that do not affect the ballot outcome to be disregarded, rather than automatically invalidating the ballot. Other changes include additional guidance on GDPR data retention requirements and refinements to the standards that electronic balloting systems must meet. 

The revised code also contains further guidance on workplace balloting, including the notification of ballots to voters, and employer-union access agreements.

The revised Code and the Order introducing electronic and workplace balloting have now been laid before Parliament. 

Protection from detriments for taking industrial action

In Secretary of State for Business and Trade v Mercer, the Supreme Court held that existing legislation did not protect workers from detriments for taking part in industrial action and was therefore incompatible with Article 11 of the European Convention on Human Rights, which protects freedom of association. 

The Employment Rights Act 2025 ('the ERA 2025')  gives the government power to introduce secondary legislation either to prohibit all detriments or specify a list of prohibited detriments. The government consulted on these two approaches.

The government has now published its response and confirmed that it will prohibit all detriments imposed for the sole or main purpose of penalising, preventing or deterring a worker from taking industrial action. 

The government rejected a prescribed list, concluding it could leave gaps in protection and become outdated as working practices evolve. It considers a blanket prohibition to provide greater protection and certainty. Regulations are expected to come into force in October 2026. 

Code of Practice on access and unfair practices during the recognition and derecognition process

Changes to access and unfair practices during the recognition and derecognition process are expected to take effect in October 2026. The government has now published its response to the consultation on the revised Code of Practice.

The Code now emphasises that, before taking management action during the recognition and derecognition process, employers should consider whether the action is intended to influence or disrupt the process. Ordinary management action that is unrelated to the recognition process will not normally amount to an unfair practice. 

The new rules will allow access meetings every five working days and require them to last at least 45 minutes, giving unions more opportunities to engage with workers in the bargaining unit. The Code also confirms that meetings should usually take place during normal working hours, while minimising disruption to the employer's operations. 

Recognising that many employees do not work from a physical workplace, the Code also provides further guidance on digital access. For example, it states that employers should allow unions to display union materials on their staff intranet as a digital noticeboard.

The government has confirmed that the Code will need to be updated again once it has published its response to the consultation on electronic balloting for recognition and de-recognition ballots.

Acas Code of Practice on time off for trade union duties and activities

Acas has updated its Code to reflect October 2026 changes to trade union representatives' rights to time off and access to facilities. Following a consultation earlier this year, a number of drafting changes have been made to the Code to improve clarity, structure and ease of use. The updated code has now been laid before Parliament for debate. 

You can keep up to date with the Employment Rights Act 2025 here. 

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