On 23 October 2025, the UK government published four consultation papers under its “Make Work Pay” agenda. Two of the consultations are regarding proposals in the Employment Rights Bill on trade unions: seeking views on a proposed new legal duty for employers to inform workers of their right to join a trade union and the right of trade unions to access workplaces.
Duty to inform workers of their right to join a trade union.
What is being proposed?
The consultation is seeking responses in relation to the proposal in the Employment Rights Bill to introduce a new duty on employers to provide a written statement to workers of their right to join a trade union. The statement must be given at the start of employment and at other key points during employment. Currently there is no obligation on employers to tell workers that they have the right to join a trade union, and the government recognises that this lack of awareness may be contributing to reduced worker engagement in collective bargaining.
This statement must clearly inform workers of their right to join a trade union. The government is seeking input on:
- The format and content of the statement: The government considers that the statement should include the following information:
- A brief overview of the functions of a trade union
- A summary of the statutory rights in relation to membership to enhance workers understanding of their legal protections and the legal framework in which unions operate.
- A list of all trade unions that the employer recognises (if any)
- A signpost to a government page with a list of current trade unions
The government’s preference is for a standard statement for employers to issue adding only workplace specific details rather than an employer-drafted statement as this would reduce administrative burdens on employers and ensure that the statement is clear and accessible.
- How it should be delivered: For new workers, the government recommends that the written statement will be given with the statement of employment particulars at the start of their employment. For existingstaff, the government is consulting on whether the statement should be delivered directly (i.e. by email or letters) or indirectly (such as posting the statement on a notice board or intranet) and favours a flexible approach. The government is also considering whether, if the statement is issued indirectly, the employer should have to issue a reminder to workers to signpost them to the statement.
- How often the statement should be reissued: The government will set out the frequency with which the statement should be provided to existing workers – this could be every 6 months, annually or vary according to the sector. The government’s proposal is that it would be annually.
The aim is to ensure clarity and accessibility while minimising the administrative burden on employers.
Right of Trade Unions to Access Workplaces
What is being proposed?
Currently, trade unions do not have a general right of access to workplaces and can only exercise their functions through individual trade union members in the workplace, or through access that has been agreed on a voluntary basis with the employer. The government believes that this approach limits union effectiveness particularly in low-membership environments.
The proposal in the Employment Rights Bill introduces a statutory right for unions to:
- Physically enter workplaces.
- Communicate with workers both in person and digitally.
Under the new right of access, a trade union seeking a right of access to a workplace or group of workers, must make a request to the employer. The employer must then respond to that request, either accepting or rejecting the request. If rejected, then there is a negotiation period for the two parties to seek to find agreement. Where agreement is not possible, either party can refer the case to the Central Arbitration Committee (CAC) for a determination on whether access should take place This marks a significant shift from ad hoc arrangements to a more structured and enforceable model and much of the detail of the new right will be set out in secondary legislation.
The government is inviting views on several operational aspects:
- Requesting and negotiating an access agreement: This includes consideration of:
- How to apply for access and respond to an access request: The government proposal sets out the information which should be contained in any request for access, including a description of the group of workers for who access is required, the purpose of the access, the notice period the union will give; how information will be provided to the workers.
- Information which should be contained in the response from the employer including, if the request is rejected, an explanation of why the employer has rejected the request in whole or in part.
- A standard statement to be given to the CAC where access has been agreed.
- The form and manner of joint notifications to the CAC of a variation or revocation of an access agreement.
- The time periods for the response, negotiation, and referral to the CAC: The government’s proposals are:
- 5 working days for an employer to respond to a union’s request for access.
- 15 working days for the negotiation period.
- A maximum period of time that can elapse between when an access request is made and when an application can be made to the CAC and this should be 25 working days from the day the request for access is submitted.
- Determinations by the CAC. The CAC can make a determination on whether access should be granted where the parties are not able to agree. The CAC, in making that decision, is guided by principles set out in the Employment Right Bill. The government is seeing views on the factors that the CAC should consider when making decisions in line with these principles. These include:
- Circumstances where access must not be granted:
- Should there be exemptions for employers of a certain size? The government proposal is that employers with fewer than 21 workers should be excluded from the new right of access.
- Initial notice period: In circumstances where a case has been referred to the CAC and they have determined that access should take place, the government believes that employers should have a specified period of time of 5 working days from the notification of the CAC’s decision to prepare.
- Where an access agreement is agreed and implemented, parties should have a clear understanding of the duration of such an agreement and the government proposes that access agreements under the statutory framework should not be granted by the CAC where they do not have an expiry date and the maximum expiry period should be 2 years from the day that the access agreement comes into force.
- Circumstances where it is reasonable for access not to be granted:
- Presence of a recognised union: The government proposes that where an employer already recognises an independent trade union to negotiate on behalf of a group of workers, the CAC should consider that a reasonable basis on which to refuse access to another union.
- Employers should not be obligated to allocate more resource than is required to fulfil the terms of the access agreement. Although employers will have to take reasonable steps to facilitate union access, this should not include significant structural changes to their workplace such as constructing new meeting spaces or implementing a new IT system in order to facilitate access.
- Model terms: An access agreement referred to the CAC for a decision, will generally be considered by a three-member panel, unless the application is less complex, in which case this can be reduced to a single member. The government will specify model terms that the CAC must consider when determining the complexity of an application. The consultation seeks views on what the ‘model’ terms should be. The government considers there are two specific terms that should be included: Frequency of access which the government proposes should be weekly access; and the notice periods of access which the government proposes should be at least two working days.
- Circumstances where access must not be granted:
- Determining fines for breaches: The Employment Rights Bill provides that the CAC can impose a penalty fine for non-compliance with access agreements. The government considers that there are two options for the level of the fine: a maximum fine of £75,000 or a two-stage penalty with a higher amount of up to £150,000 for repeated breaches. The government favours the latter proposal. The government will also specify the factors that the CAC must be guided by when deciding the value of the fines.
Next Steps
The government has committed to a phased implementation of the proposals in the Employment Rights Bill, with these proposals coming into force in October 2026. A statutory Code of Practice offering practical guidance for unions and employers regarding workplace access for trade unions will be published and the government will launch a consultation on this code in Spring 2026.
The consultations close at 11:59pm on 18 December 2025.
What should employers do?
These reforms could mark a significant shift in how workplace rights are communicated and upheld.
With regard to the new duty to inform workers of the right to union membership, employers will have to start including this in the onboarding process and consider where such information can be published internally.
Employment lawyers and HR teams will need to consider how they will reshape the landscape around union engagement, workplace access, and dispute resolution. HR professionals will need to prepare for new compliance obligations and potential procedural changes in managing union interactions.
Consultation on duty to inform workers of their right to join a trade union