The government has published its response to the April consultation on the draft Code of Practice on the right of trade unions to access the workplace, alongside an amended version of the Code and accompanying regulations.
The Code provides practical guidance to support the understanding and delivery of the new right. It won't be legally binding, but the CAC will take it into account when coming to decisions on the right of access. The Code and Regulations are due to come into force on 30 October 2026.
What is the new right?
The Employment Rights Act 2025 (the Act) introduces a new right for trade unions to request access to the workplace - physically and digitally - to meet, recruit or organise workers to facilitate collective bargaining, but not to organise industrial action.
Existing voluntary access arrangements can continue as before. Employers and trade unions also remain free to negotiate non-statutory access agreements outside the new framework.
The process
Once a trade union submits an "access request", the employer has 15 working days (the "response period", which can be extended by agreement), to issue a "response notice" if it wants to. The parties then enter a 25 working day "negotiation period" to agree the written terms on which officials will have access. These are tight timescales.
The Code makes it clear that both parties are expected to negotiate in good faith.If the employer rejects an access request, it must do so in clear language, specifying exactly which terms t it is rejecting and why.
The parties may find it helpful to appoint a lead negotiator and notify the other party of who this is and what their contact details are at the outset.
If both parties agree the access terms, the CAC is notified and the agreement is recorded. If no agreement is reached, either party can refer the matter to the CAC for a decision on access within 55 working days of the day the request for access is submitted.This is extendable by the CAC to 70 days where it considers that it was not reasonably practicable for a party to apply within the time limit.
What will the CAC consider?
The CAC applies the following "access principles":
- access must not unreasonably interfere with the employer's business,
- the employer should take reasonable steps to facilitate access,
- physical access should not be refused solely because digital access is permitted (and vice versa), and
- outright refusal of access should only occur where reasonable.
The CAC has discretion to refuse access where:
- The employer already recognises an independent union for the relevant group of workers.
- A statutory recognition process is ongoing, or a statutory access agreement with an independent union is already in place for the same group of workers.
- Compliance would require excessive resource allocation, such as constructing new meeting spaces or procuring new IT systems.
When must the CAC refuse access?
The CAC must refuse access where:
- The employer has fewer than 21 workers;
- The agreement does not provide for at least 5 working days' notice before the first access visit;
- The agreement lasts more than two years; and
- Access would be contrary to national security interests or prejudice the prevention, detection, or prosecution of offences (this will crop up in very limited circumstances).
Model terms
Access requests that include certain "model terms" can be reviewed by a single person panel rather than a tripartite panel, making agreement more likely by the CAC.
Model terms the CAC must regard as reasonable for the trade union to comply with include:
- Weekly (or less frequent) access, either physical, digital or both;
- The union must provide a minimum of two working days' notice of an upcoming access visit (applies to both physical and digital visits), with five working days' notice for the first access visit;
- The employer makes existing accommodation and facilities available where reasonably possible;
- The employer ensures that direct communications between workers and a trade union are private where reasonably possible.
- The trade union official seeking access to the workplace must comply with all reasonable employer instructions, such as completing relevant health and safety inductions, providing relevant identification or signing in at the front desk.
What does weekly access mean?
Weekly access doesn’t mean a fixed day and time each week – it can flex around shift patterns and may be averaged over a longer period of time by agreement.
Weekly access means a meeting or visit with a worker of a group of workers, in person or virtually; it does not extend to cascading email or the administrative setting up of an online meeting by the employer on behalf of the union unless this is the nature of the weekly access that the trade union would like to carry out.
Will the access arrangements take place during working hours?
Access should ordinarily take place during normal working hours at times that minimise disruption, guided by the employer's usual communication practices. Employers are encouraged to align access with existing workforce events such as inductions or training.
Importantly, workers who attend a meeting under an access agreement during working hours must be paid in full for the duration.
Common access arrangements
When two or more trade unions make a joint access application for access, they act together in preparing and implementing the access arrangements and, unless otherwise agreed, will have common access arrangements. This can span the same or different workplaces of the same employer. Unions involved in a joint arrangement are not required to conduct access together and may hold separate meetings.
The Code makes it clear that unions involved in a joint agreement aren't required to conduct their access arrangements together - each could have separate access meetings if they wished.
The penalties
The emphasis throughout the Code is on resolving access disputes through dialogue. Where disputes cannot be resolved, referral to the CAC must be made within three months of the matter complained of.
Where a party fails to comply with an access agreement, the CAC can vary the agreement, issue a declaration or order compliance steps. For repeated breaches within 12 months the maximum fine is: £75,000 for a first breach, £150,000 for a second breach, and up to £500,000 for third and subsequent breaches under the same access agreement.
Action to take now
- Review your employee engagement strategy - The access right is fundamentally about union membership recruitment. If employers want to maintain direct relationships with their workforce, now is the time to ensure they feel heard. If you are looking to set up or strengthen an existing staff forum, our Employee Voice skills booster can help.
- Consider a voluntary access agreement - If you already recognise a union, a voluntary access agreement avoids tying yourself to the new statutory framework and its associated penalties.
- Get ahead with unions you already work with - Access can be granted to any union, recognised or not, but early engagement with existing union relationships is strongly advisable. As the Code notes, access requests may well come from unions with a "long-term stated goal of statutory recognition."
- Prepare your managers - The timescales are tight. Before October, ensure managers, particularly across different sites, know immediately where to refer any union access request.
- Plan your negotiation approach - Think now about who will lead negotiations, how you will approach good faith engagement, and, if you intend to reject a request, ensure your reasons are as detailed and specific as possible.
- If you receive an access request - move fast. The timescales leave little room for delay, and the penalties for non-compliance are significant. Use the negotiation period to work towards arrangements that are practically workable for your business.
