On 8 April 2026 the Government published a draft Code of Practice on the right of Trade Unions to access workplaces (“Code”), on which it will now undertake a consultation.The Code provides detailed guidance on the operation of new rights for Trade Unions to access workplaces introduced under the Employment Rights Act 2025. The Code is expected to play a central role in shaping how access rights are exercised and enforced.
Provisions of the Employment Rights Act 2025 due to come into force in October 2026, introduce a statutory framework requiring employers to reach an agreement with Trade Unions to allow them to access the workplace (both digitally and physically). This represents a material development in the ability of Trade Unions to engage with workers.
The draft Code is intended to supplement the legislation by setting out practical guidance on the exercise of those rights, including procedural expectations and standards of conduct. While not legally binding, employment tribunals will be required to take the Code into account where relevant.
What does the draft Code cover?
The draft Code covers a number of activities of Trade Unions including:
- communicating with workers;
- recruitment and organisation;
- representation of members;
- how and when an application may be referred to the Central Arbitration Committee (“CAC”) if negotiations on access terms are unsuccessful;
- how the CAC will make decisions on whether access should take place, including the principles it must apply and the factors it will consider; and
- facilitating collective bargaining.
The Code also outlines a structured process for a trade union to request and agree access:
- Access requests: Trade Unions must make a formal request to the employer specifying the scope and purpose of access sought.
- Employer response: Employers are expected to respond within prescribed timeframes and engage constructively.
- Negotiation of access agreements: Parties should seek to agree the frequency, timing, location, and manner of access, including any facilities required.
Where agreement cannot be reached, the framework anticipates the potential for referral to other dispute resolution mechanisms.
What obligations do employers have under the Code?
The draft Code indicates that employers may be expected to:
- permit access at reasonable times;
- provide appropriate facilities, which may include meeting spaces or digital communication channels; and
- avoid conduct that would unreasonably obstruct or deter union access.
At the same time, the Code emphasises that access rights should be exercised by Trade Unions in a manner that:
- minimises disruption to business operations;
- respects health and safety requirements; and
- protects confidential and commercially sensitive information.
What does this mean for your business?
The consultation on the draft Code closes on 20 May 2026, and, while it is not yet known how long it will take to finalise the Code, it is expected that it will come into force alongside the wider access rights under ERA 2025 in October 2026.
Employers should begin preparing for implementation by:
- reviewing existing policies on third-party access and employee communications
- considering how access requests will be managed internally
- identifying appropriate facilities and communication channels
- training HR and management teams on the forthcoming framework
We will provide further updates as the legislation and accompanying guidance develop.
James Pitts comments: “The draft Code introduces a more structured and potentially resource-intensive framework for managing union access, particularly for organisations without existing union engagement. Employers should use this period to get ahead of the changes by reviewing existing policies and identifying how access requests will be handled in practice. Early preparation, managerial training, workplace boundaries and communication channels will be key to managing requests consistently and avoiding potential disputes.”
If you have any questions on any of the upcoming changes due to the Employment Rights Act 2025 or need help with reviewing and updating your policies, please contact a member of the team here.
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