The Government has now published its response to the consultation on the new statutory trade union right of access under the Employment Rights Act 2025, alongside a draft statutory Code of Practice for consultation.

These reforms form part of the Government’s wider “Make Work Pay” agenda and represent one of the most significant changes to industrial relations legislation in recent years.

At Bhayani Law, our employment law solicitors and HR advisors are closely monitoring developments and advising employers on the practical implications of the new framework.

What Is the New Trade Union Right of Access?

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

The right of access is intended to allow trade unions to:

• Meet with workers
• Recruit and organise workers
• Support and represent workers
• Facilitate collective bargaining

The Government has confirmed that access rights will apply to both:

• Physical workplace access; and
• Digital access to communicate with workers electronically

Importantly, these rights may apply even where a union is not formally recognised by the employer.

The reforms are designed to give unions greater opportunity to engage with workers in workplaces where historically they may have had limited or no presence.

Which Employers Will Be Affected?

The Government has confirmed that the new access regime will apply only to employers with 21 or more workers, aligning with the threshold currently used for statutory union recognition procedures.

However, many employers may underestimate how relevant these reforms could become to their organisation.

Even businesses with no current trade union activity should be aware that the proposed framework may make it easier for unions to engage with workers and establish a presence in workplaces where historically there has been little or no union involvement.

For organisations operating across multiple sites, managing large workforces or relying heavily on digital communication systems, the reforms could create substantial operational and employee relations considerations.

What Has the Government Confirmed?

The consultation response provides additional clarity on how the new framework is intended to operate in practice.

One notable change is that the Government has extended the originally proposed timescales for negotiations around access agreements. This provides employers with slightly more time to consider and respond to requests.

The Government has also confirmed that:

• Trade unions will be required to follow a formal process when making access requests
• Employers and unions will be expected to negotiate access arrangements
• The Central Arbitration Committee (CAC) will have powers to intervene where disputes arise
• A statutory Code of Practice will provide practical guidance on negotiations and implementation
• Access rights are not intended to permit industrial action activity itself within the workplace access framework

However, many employers remain concerned about the practical impact the reforms could have on business operations and workplace relations.

Physical and Digital Access Rights

The Government has confirmed that unions may seek:

• Physical access to workplaces; and/or
• Digital access to workers through communication systems

This could potentially include:

• Meetings on workplace premises
• Access to noticeboards or communal areas
• Digital communications with workers
• Virtual meetings or electronic engagement methods

The precise scope of digital access arrangements is likely to become one of the more complex areas for employers, particularly where businesses operate remote, hybrid or technology-driven working environments.

Employers may therefore wish to start reviewing existing communication systems, internal protocols and workplace access arrangements now.

The Role of the Central Arbitration Committee (CAC)

Where agreement cannot be reached between employers and trade unions, the Central Arbitration Committee (CAC) may become involved in resolving disputes and determining access arrangements.

The CAC will be able to:

• Consider whether access requests are reasonable
• Determine the terms of access agreements
• Resolve disputes between parties
• Potentially impose enforceable outcomes

This means employers may not simply be able to refuse requests without justification.

Draft Statutory Code of Practice

Alongside the consultation response, the Government has published a draft statutory Code of Practice relating to trade union right of access.

The draft Code is expected to provide guidance on:

• How access requests should be made
• How negotiations should be conducted
• Reasonable access arrangements
• Practical workplace logistics
• Best practice examples
• Conduct expectations for both employers and unions

Although the Code itself will not create standalone legal obligations, tribunals and other bodies may take compliance with the Code into account when determining disputes.

Wider Trade Union Reforms Under the Employment Rights Act 2025

The right of access reforms sit alongside a broader package of trade union changes introduced under the Employment Rights Act 2025.

Other reforms include:

• Reduced notice requirements for industrial action
• Simplified ballot notice requirements
• Removal of certain picketing supervision requirements
• Increased protections for employees participating in industrial action
• New employer duties to inform workers of their right to join a trade union
• Simplified statutory recognition procedures

Employers should therefore consider the reforms collectively rather than in isolation. Read more here. 

What Should Employers Do Now?

Although further regulations and guidance are still expected, employers should begin preparing now.

Practical steps may include:

• Reviewing existing industrial relations arrangements
• Identifying operational risks
• Considering how workplace access requests will be managed
• Reviewing policies and procedures
• Training managers and HR teams
• Assessing digital communication systems and protocols
• Seeking legal advice where concerns arise

Early preparation may help reduce disruption and minimise the risk of disputes once the legislation is fully implemented.

Working Successfully With Trade Unions Training

As workplace relations continue to evolve, understanding how to work effectively with trade unions has never been more important.

At Bhayani Law, we are pleased to work in partnership with Make UK to offer our Working Successfully With Trade Unions training course for HR professionals, managers and business leaders.

This practical half-day workshop covers:

• The background to trade unions and industrial relations
• Voluntary and statutory recognition
• Roles and rights of trade union officials and members
• Collective agreements and collective bargaining
• Managing ballots and industrial action
• Negotiation processes and practical workplace considerations

The training is designed to help employers understand their legal obligations, reduce risk and manage industrial relations issues confidently and effectively.