The Government has published its response to the consultation on the new statutory Code of Practice on Trade Unions’ Right of Access into Workplaces, alongside a revised draft Code and draft regulations.

The new rules are due to take effect from 30 October 2026 and represent a significant change in how trade unions can engage with workers in the workplace.

Under the Employment Rights Act 2025, independent trade unions will have a new statutory right to request access to workplaces for purposes including meeting, supporting, representing, recruiting and organising workers.

Importantly, these rules could affect employers that do not currently recognise or work with a trade union.

With the implementation date approaching, employers should understand what the new rules could mean in practice and start preparing now.

What is the new statutory right of access?

The Employment Rights Act 2025 introduces a new framework allowing certified independent trade unions to request access to workplaces.

Access can be requested for a range of purposes, including:

• Meeting workers
• Supporting and representing workers
• Recruiting new trade union members
• Organising workers
• Facilitating collective bargaining

A union will not necessarily need to already be recognised by the employer or have existing members within the workplace before making a request.

More than one union could also approach the same employer, and a single access request may cover multiple workplace locations.

Where an employer and trade union cannot reach an agreement, the Central Arbitration Committee (CAC) will have powers to determine access arrangements.

The new statutory rules will not apply to employers with a total company-wide headcount of fewer than 21 workers.

What has changed following the consultation?

The Government received 793 responses to its consultation on the draft Code of Practice.

Following the consultation, the Government has made a number of changes and clarifications, including a new summary table showing the maximum time available for different stages of the access request process, further practical examples and updated templates.

There are several areas employers should be particularly aware of.

Responding to an access request

Employers will need to pay close attention to the timescales involved.

The updated Code clarifies that the 15-day response period starts on the day the access application is submitted. It does not start when the request eventually reaches the correct manager, HR team or department.

This makes it particularly important that organisations have a clear internal process for identifying and escalating trade union access requests.

Although unions are encouraged to use the standard access request template, this will not be mandatory.

Employers are also encouraged not to reject applications simply because of minor accidental clerical or administrative errors. Instead, employers and unions should work together to resolve these issues.

What could workplace access look like?

Access arrangements will depend on the individual workplace and circumstances.

The Code provides guidance covering issues such as:

• Access across multiple workplace locations
• Use of workplace facilities
• Health and safety
• Security and safeguarding
• Workplaces where the employer does not control the premises
• Employees with atypical working arrangements
• Digital access to workers

Employers will therefore need to think beyond simply allowing a union representative through the door.

For example, if your organisation operates from several sites, has remote or hybrid workers, operates shifts or works from premises controlled by a third party, you may need to consider how access could be provided fairly and practically.

How frequently could unions access the workplace?

One of the most significant areas for employers is the potential frequency of access.

The updated Code indicates that weekly access, or less frequently where the union does not require weekly access, will be regarded as a model term by the CAC.

Weekly access could include a meeting or visit that workers covered by the access agreement have an opportunity to engage with, either in person or digitally.

This could include, for example, a drop-in session or presentation.

Administrative actions carried out by an employer on behalf of a union, such as circulating an email or setting up an online meeting, would not ordinarily count as the weekly access itself.

Will employees be paid while meeting a union?

The draft Code states that access should take place during working hours.

Workers should therefore generally receive their normal pay while participating, unless the access takes place during an unpaid break.

However, the Code does not specify exactly how much time workers should be allowed for each access meeting.

For employers with large workforces or operationally sensitive environments, the potential impact of regular workplace access will therefore need careful consideration.

What about digital access and employee privacy?

The new framework also covers digital trade union access.

Employers may need to facilitate communication between unions and workers electronically, while considering data protection and privacy.

The updated Code makes clear that employers should respect the privacy of workers engaging with unions.

For example, employers should not seek to record online union meetings or monitor who attends them.

Digital access will also not automatically replace physical workplace access unless the trade union agrees.

Employers should therefore review how their current IT, monitoring, surveillance and data protection arrangements could interact with the new rules.

What happens if an employer does not comply?

The CAC will have enforcement powers where employers fail to comply with their obligations.

Potential financial penalties can be significant, particularly where breaches are repeated.

The draft Code explains that factors such as the seriousness, duration and reason for a breach may be taken into account.

Repeated failures could lead to escalating penalties, potentially reaching:

• £75,000 for a first penalty order or first subsequent complaint
• £150,000 for a second
• £500,000 for a third or subsequent complaint

Breaches occurring at separate company sites may also be treated as multiple breaches.

This makes having a clear and consistent process particularly important for organisations operating across several locations.

What if several unions request access?

This is an area where employers may face practical challenges.

The CAC may take existing trade union arrangements into account when considering whether access should be granted, including where an employer already recognises a union or has an existing statutory access agreement.

However, recognition of another trade union will not automatically mean that a new access request can be rejected.

The updated Code also does not provide complete clarity on what employers should do if they receive several access requests from different unions at the same time.

Employers may therefore need to consider each application individually.

When do the new trade union access rules take effect?

The revised Code and draft regulations have been laid before Parliament for scrutiny.

The new rules are expected to take effect from 30 October 2026.

The Government has also said that it intends to review the statutory access framework within six months of implementation.

The review is expected to consider areas including:

• The overall scope of workplace access rights
• The 21-worker threshold
• How effectively the enforcement and penalty arrangements are working

A further consultation is expected in spring 2027, meaning the framework could continue to evolve once employers and unions have had experience of the new system in practice.

How should employers prepare for October 2026?

Employers should not wait until they receive their first access request before deciding how they are going to handle it.

The Code encourages employers and unions to use existing voluntary access arrangements or agree voluntary arrangements where possible before relying on the statutory framework.

It is also a good opportunity to look more broadly at employee engagement and employee relations.

Where employees feel that their views are heard, concerns are addressed and communication with management is effective, organisations may be better placed to maintain constructive employee relations.

Ahead of 30 October, employers should consider:

1. Who will deal with trade union access requests?

Decide who will be responsible for receiving, acknowledging, responding to and negotiating requests.

Make sure requests can be identified quickly, particularly because the 15-day response period starts when the application is submitted.

2. Are your managers and HR teams prepared?

Managers and HR professionals may need additional training to understand the new framework and how to engage constructively with trade unions.

Those responsible for managing access arrangements should also understand exactly what has been agreed.

3. What practical restrictions apply to your workplace?

Consider health and safety, security, safeguarding and operational requirements.

You should think about both physical and digital access.

4. How will you protect privacy?

Consider whether CCTV, monitoring or recording systems could interfere with the privacy of union meetings and what changes may be required.

5. How will you accommodate different working arrangements?

Consider employees who work shifts, remotely, across multiple sites or under other atypical working arrangements.

6. Do you need to involve third parties?

If your organisation operates from premises that it does not own or control, you may need to speak to landlords, clients or other third parties about how workplace access could operate.

7. What are your current employee relations like?

The introduction of these rights makes effective employee engagement even more important.

Consider whether employees have meaningful opportunities to raise concerns and whether managers respond appropriately when issues arise.

Working With Trade Unions: Is Your Workplace Ready for the New Rights?

The Employment Rights Act 2025 introduces significant changes to trade union rights and protections, making it increasingly important for employers and managers to understand how to work constructively and lawfully with trade unions.

Further trade union reforms are due to take effect in October 2026, including new requirements around informing workers of their right to join a trade union and a new statutory framework for trade union access to workplaces.

At Bhayani Law, our practical training helps managers understand what these changes mean for their organisation and gives them the confidence to manage workplace relationships appropriately.