Trade union access: government updates draft Code of Practice

Under the new framework, qualifying trade unions will be able to enter into statutory access agreements with employers. These agreements will allow union officials to access workplaces or communicate with workers to meet, support, represent, recruit, organise, and help facilitate collective bargaining. Importantly, the right will apply regardless of whether the workers are union members. However, access rights cannot be used to organise industrial action. 

The Code provides important guidance on how the new right of access will operate in practice. We previously looked at the original version of the Code here. While many of the changes are intended to clarify the process, the government has made a number of notable updates to the Code. 

Less emphasis on voluntary arrangements

The updated Code places less emphasis on voluntary arrangements before a trade union seeks access under the statutory process. The initial version of the Code stated that trade unions should first seek to agree access voluntarily with the employer before pursuing statutory access. That wording has been removed. 

This does not mean voluntary arrangements are no longer encouraged. The updated Code makes clear that employers and trade unions should continue to use existing voluntary arrangements where they work well for both parties, and trade unions remain free to negotiate non-statutory access agreements. 

The revised Code also clarifies the different routes through which access arrangements can arise, including voluntary arrangements and statutory arrangements reached through either negotiation or determination by the Central Arbitration Committee (CAC). 

Greater focus on information sharing and transparency

The updated Code places greater emphasis on constructive engagement and information sharing between employers and trade unions. 

Before making an access request, a trade union may seek information from an employer to ensure that its request accurately reflects the workplace concerned. Employers are expected to engage constructively with these requests and provide relevant information.

The same emphasis on transparency can be seen in the Code on employer responses to access requests.

Employers have 15 working days from the date the request is received to provide a response, unless the parties agree an extension. The clock starts when the request is given to the employer, not when it reaches the relevant person or team internally. 

Where the employer accepts the terms in the request, it should make this clear in its response, and the parties should then notify the CAC. 

Where an employer wishes to reject some or all of the proposed terms, it should clearly explain its reasons. The Code explains that employers should provide as much relevant information as possible when responding. This may include whether another union has recently applied for access, whether a CAC decision is pending, or whether the workers covered by the request are already subject to a recognition agreement or an existing statutory or voluntary access agreement.

Where an employer considers that the proposed arrangements would unreasonably interfere with its business or require unreasonable steps to facilitate access, the employer should explain in its response why it has reached that conclusion. 

More clarity on negotiations and CAC applications

The updated Code provides greater clarity on the statutory timetable and the process for referring to the CAC. 

Once an employer has responded to an access request, the parties have 25 working days to negotiate the terms of an access agreement. If they reach agreement, they should jointly notify the CAC, who will then lodge the access agreement. 

If negotiations fail, either party can refer the matter to the CAC for determination. The revised Code now provides more detail about the information a trade union should submit to ensure the CAC has the most up to date information. 

Any application to the CAC must be made within 55 working days of the original access request. 

The revised Code now includes a summary table to make the key stages and time limits easier to follow.

Further guidance on CAC decision making

The updated Code provides additional guidance on how the CAC should approach decisions on access requests. 

The statutory framework starts from a presumption in favour of access and are guided by the access principles as set out in section 70ZF(2) of the 1992 Act which are:

• officials of a qualifying trade union should be able to physically enter a workplace or communicate with workers (or both) for any of the access purposes in any manner that does not unreasonably interfere with the employer's business
• an employer should take reasonable steps to facilitate access by officials of a qualifying trade union
• physical entry into a workplace should not be refused solely on the basis that communication with workers by means not involving physical entry into a workplace is permitted
• communication with workers by means not involving physical entry into a workplace should not be refused solely on the basis that physical entry into a workplace is permitted
• access should be refused entirely only where it is reasonable in all the circumstances to do so

The Code also highlights circumstances where access must not be granted. For example, the statutory framework does not apply to employers with fewer than 21 workers, and statutory access agreements cannot last for more than two years.

The Code also clarifies circumstances in which it may be reasonable for the CAC to refuse access, such as where workers are already covered by an existing statutory access agreement. 

Model terms

The Code continues to include ‘model’ terms that provide a starting point for access agreements. While employers and trade unions can agree different arrangements, the model terms indicate the types of provisions that the CAC is likely to regard as reasonable. 

One of the key model terms is the frequency of access. The Code states that weekly access, or less frequent access where the trade union prefers, will generally be regarded as reasonable by the CAC. 

The Code recognises that access can take a variety of forms, including drop-in sessions, meetings or presentations, delivered either in person or digitally. It also confirms that access does not have to occur on the same day or at the same time each week and that parties can agree more flexible arrangements where appropriate. 

The Code also explains that employers are expected to make reasonable use of existing workplace facilities to support access. This may involve practical steps such as arranging online meetings or adapting meeting spaces. However, employers are not expected to make significant changes to their premises or IT systems. 

Trade unions must provide a minimum of two working days' notice before each access visit, whether physical or digital. The first instance of access under a newly agree arrangement requires at least five working days' notice.

The Code confirms that union officials must comply with reasonable employer requirements when accessing the workplace. This may include following health and safety inductions, providing relevant identification and signing in on arrival.   

More detail on how access should operate in practice

The revised Code provides additional guidance on how access agreements should operate in different workplaces. 

The Code stresses that arrangements should reflect local circumstances and should be tailored to the way a particular workplace operates. It includes examples such as: 

• In a school, access might take place in staff rooms or other suitable rooms
• In offices, access should take place in meeting rooms that are located near or adjacent to work areas
• On construction sites, access should be able to take place at times when workers are assembled collectively, including at the beginning of shifts, during site inductions, toolbox talks, safety briefings and other workforce meetings. 

In relation to timing, the Code states that access should generally take place during normal working hours at times that minimise unreasonable interference with the employer's activities. Importantly, the Code now states employers should not schedule access at times when it knows a significant proportion of workers would be unable to attend. 

The Code also clarifies that workers who attend a trade union meeting during working time under an access agreement should be paid, in full, while attending the meeting. 

Guidance on digital access

The updated Code provides further detail on digital access arrangements. 

Digital access may include employers sharing trade union communications through existing communication channels, such as intranet sites or internal messaging systems.  

It may also involve employers facilitating online meetings between trade union officials and workers using existing IT platforms in which the trade union can, for example, run a presentation and Q&A. 

However, the Code confirms that trade unions cannot automatically communicate directly with workers. Workers would need to give their consent to the employer to share their contact details, or the worker could reach out to the trade union themselves and establish direct contact that way.

Disputes and enforcement

The Code provides guidance on the enforcement regime where the terms of an access agreement are breached. 

Employers and trade unions are encouraged to make full use of any mechanism within their access agreements before escalating matters further. 

Where disputes cannot be resolved, a complaint can be made to the CAC. The CAC has powers to determine whether a complaint is well founded and can issue significant financial penalties where appropriate. The maximum penalties increase for repeated non-compliance under the same access agreement, reaching up to £500,000 in the most serious cases.

Next steps

The government has laid the updated Code before Parliament alongside the regulations to introduce the new right of access. Both are expected to come into force on 30 October 2026. 

With implementation fast approaching, employers should start considering how they would respond to an access request and what practical arrangements they could accommodate if a trade union seeks access under the new framework. 

Join us on 22 September 2026 at 9am for a webinar on the new trade union right of access and the wider package of trade union reforms coming into force on 30 October 2026. We will be opening registration soon. 

You can also find out more information about all the Employment Rights Act 2025 changes here. 

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