The clock is ticking for employers. This October, a significant shift in workplace relations comes into force. A new statutory right for trade unions to access workplaces will take effect under the Employment Rights Act.
Earlier this, the Government month published a 32-page draft Code of Practice setting out how this right will operate in practice. A consultation is now open until 20 May 2026, offering a limited window for employers, unions, and stakeholders to help shape the final version.
At its heart, the Code is more than guidance. It signals a clear direction of travel. The aim is to foster stronger collaboration between employers, workers, and trade unions to support productivity, growth, and better working lives.
What’s changing?
The Employment Rights Act 2025 introduces a clear expectation. Employers must engage with trade unions on workplace access. This applies to both recognised unions and those seeking recognition.
Access will extend beyond physical entry to include digital communication channels. Importantly, unions will not be restricted to engaging with existing members. They will also be able to contact employees to recruit new members.
Employers do retain some control. Access can be refused or limited, but only where there are objectively justified reasons such as health and safety concerns, operational disruption, or security risks.
Where agreement cannot be reached, either party can refer the matter to the Central Arbitration Committee (CAC). It will determine whether access should be granted and on what terms.
What does the draft Code cover?
The draft Code of Practice provides practical direction on how the new framework should operate, including:
- How unions should apply for access and how employers should respond
- How access agreements should be negotiated, implemented, and managed across different workplaces
- The process for referring disputes to the CAC where negotiations fail
- Circumstances where access must or may be refused
- How the CAC will assess cases and determine penalties
- The process for appealing CAC decisions
This Code is set to become the primary reference point for navigating the new statutory regime.
Why it matters
This is not a minor procedural update. It represents a fundamental change in the dynamics between employers and trade unions. Organisations that fail to prepare may face legal challenges, operational disruption, and reputational risk.
Now is the time to act. Review the draft Code, evaluate how your organisation will handle union access requests, and consider responding to the consultation before the 20 May 2026 deadline. Taking proactive steps now will ensure you are ready when the new rules come into force this October.
If you’re unsure as to how to interpret this, or need advice and guidance, our specialist Employment Law Associate, Anthony Willis is on hand to help you. He can be contacted via anthonyw@bhplaw.co.uk
