From October 2026, the Employment Rights Act 2025 will establish a statutory right for trade unions to access workplaces. The Government has launched a consultation on a draft Code of Practice on this new right, which will have a wide-reaching impact on employers.
Trade unions’ right of access to workplaces
The Employment Rights Act 2025 will introduce a statutory framework that will allow unions to access workplaces physically, and to communicate with workers in person and digitally, where voluntary agreements with employers have failed.
The Act sets out that an independent union may provide an employer with a request for access to which the employer can either agree or object to. If both parties agree then they will notify the Central Arbitration Committee (CAC) of the terms. If agreement cannot be reached, then either party can refer the case to the CAC for determination on whether access should be granted. The CAC will also enforce agreements once in place.
When will the right apply?
Under the new measures, trade unions with a certificate of independence will be able to request access for the purposes of meeting, supporting, representing, recruiting, or organising workers, as well as facilitating collective bargaining. However, organising industrial action is explicitly excluded.
Employers with fewer than 21 workers, as well as premises that are private dwellings, will be excluded, although hybrid residential/work settings may be within scope.
Draft Code of Practice
The draft Code of Practice on the right of trade unions to access workplaces provides practical guidance on how the statutory framework under the Employment Rights Act 2025 will operate.
Employers and unions will be encouraged to agree on access terms voluntarily, with Acas (Advisory, Conciliation and Arbitration Service) available to assist the parties. If voluntary talks fail, the statutory process will apply.
- The new Code of Practice will include information on:
- how access requests should be made
- applications to the CAC if negotiations are unsuccessful and CAC decision-making
- ‘model’ terms of an access agreement
- operation of an access agreement, including digital access
- resolving disputes through the CAC and enforcement
- best practice examples to support effective engagement.
- how access agreements should be negotiated and implemented across different types of workplaces
Enforcement
Organisations will face significant fines for breaches of access agreements. The CAC will be able to impose a fine of up to £75,000 for a first breach, £150,000 for a second breach and £500,000 for a third breach under the same access agreement, with the possibility for the larger penalty to be issued repeatedly for continuing non-compliance.
Next steps
The Government will publish a response to the consultation after it closes on 20 May 2026. The feedback will inform potential amendments to the Code, which is expected to be implemented by October 2026, subject to parliamentary approval.
Employers will need to implement structured processes for responding to access requests and ensure that this is effectively communicated to their teams. It will be important to make sure that responses are consistent across different departments and work locations to reduce the risk of non-compliance.
