The UK government has published a consultation on a draft statutory Code of Practice on trade unions’ right of access to workplaces. The draft Code of Practice was published on 8 April 2026, with the consultation closing on 20 May 2026. These proposals signal a fundamental shift in the landscape of trade union access — one that employers need to prepare for now.

This post summarises the key proposals, highlights what has changed and sets out practical steps employers should be taking in readiness for the new framework.

Background 

Under the current legal framework, trade unions do not have a general independent right to access workplaces. In practice, access has relied on voluntary arrangements between employers and unions, or on the presence of individual union members within a workplace.

The Employment Rights Act 2025 introduces a statutory right for independent trade unions to access workplaces — both physically and digitally — for the purposes of meeting, supporting, representing, recruiting or organising workers and facilitating collective bargaining. Crucially, the access purposes do not include organising industrial action.

Key Proposals in the Draft Code of Practice

Who Can Apply and to Which Workplaces?:  Any trade union that has a certificate of independence can apply for access to a workplace. The CAC will refuse access requests where the employer has fewer than 21 workers, with that threshold applied to the overarching company (using the “associated employer” definition), such that a workplace with fewer than 21 workers forming part of a wider company employing 21 or more workers would remain in scope. Private dwellings are excluded, although hybrid workplaces that combine residential and working environments are in scope with certain safeguards.

The Access Request and Response Process:   A trade union should first seek to agree terms with the employer and the government’s preference is for access arrangements to be agreed on a voluntary basis.  Where voluntary arrangements have not been possible, the union may submit an access request to the employer using a standardised template. A single request may cover multiple premises operated by a single employer.  The employer then has up to 15 working days to respond, again using a standardised template. If the employer rejects the request, it must provide clear details of which elements it is rejecting, to facilitate subsequent negotiations.

Negotiation Period: The union and the employer then have 25 working days following the conclusion of the response period to negotiate the terms of an access agreement. Both parties are expected to negotiate in good faith. If negotiations succeed, the parties jointly notify the CAC. If the 25-day period elapses and the parties are still in negotiations then the parties can continue until agreement is reached.

Referral to the Central Arbitration Committee:  Where negotiations are unsuccessful, either party can refer the matter to the CAC within 15 working days following the end of the negotiation period. The CAC’s decision will by default be made by a three-member panel, unless the request is consistent with certain “model” terms, in which case a single panel member may decide. All CAC decisions on access must comply with certain principles , including that the operation of an access agreement must balance the right of the trade union to enter a workplace with the employer’s right to continue to operate without unreasonable interference. Employers should not have to take unreasonable steps to facilitate access.

Circumstances Where Access May Be Refused: Access must not be granted where the employer has fewer than 21 workers, where national security or the investigation of offences would be compromised, or where fewer than five working days’ notice has been given before the first access visit. No access agreement will last longer than two years. The CAC may also reasonably refuse access where the employer already recognises an independent trade union representing the relevant workers, where a statutory recognition process is ongoing, where those workers are already covered by an existing access agreement, or where granting access would jeopardise health and safety. The CAC may also refuse access where the request would require the employer to make significant structural changes to its physical premises or IT systems.

Model Terms and Frequency: The draft Code introduces “model” terms, compliance with which makes an application more likely to be treated as less complex and therefore eligible for the faster, single-member CAC panel.

Digital Access: Access can also take place digitally, alongside or instead of physical access. The starting point for digital access is that the employer would cascade factual union communications to workers or facilitate online meetings via existing IT platforms. For unions to contact workers directly (without the employer acting as intermediary), the worker must give consent for their contact details to be shared. The CAC will apply the GDPR definition of “consent” when determining whether consent has been properly obtained.

Privacy and Surveillance: Employers must respect the privacy of access meetings and must not attend unless invited by the union. Where workplace surveillance or recording equipment could record meetings, the employer should inform the union and discuss ways to ensure privacy. 

Enforcement and Financial Penalties: The draft Code establishes a graduated enforcement framework. Where parties cannot resolve disputes, a complaint may be made to the CAC alleging breach of the access agreement. Complaints must be made within three months of the alleged breach.  Following a complaint, the CAC can alter the agreement or issue an order requiring compliance. For repeated or continued non-compliance, the CAC may impose financial penalties: up to £75,000 for a first penalty order, up to £150,000 for a second and up to £500,000 for any third or subsequent penalty order under the same access agreement. The CAC is also able to make public information relating to penalty fines it has issued.

Practical Implications for Employers and what employers should be doing now.

The draft Code and the accompanying legislative framework introduce several practical considerations that employers should be addressing now:

Review existing voluntary arrangements. Where voluntary access agreements are already in place and working well, these can continue — the new framework does not override them. However, employers should review whether existing arrangements are robust and documented and whether they would withstand scrutiny if challenged.

Prepare for formal access requests. Employers who do not currently have trade union access arrangements should prepare for the possibility of receiving a formal access request. This includes identifying the appropriate person or department to handle such requests and ensuring that internal processes allow a response within the 15 working day window.   

Understand the negotiation framework. Good faith engagement during the 25-day negotiation period will be critical. Employers should consider in advance what terms they might seek (e.g. timing, location, frequency, digital vs. physical), and what legitimate operational, safety, or security concerns might justify limiting or shaping access.  Employers should brief senior leadership and line managers on the incoming framework.

Consider digital access and data protection. The framework’s provisions on digital access, including the requirement for worker consent before personal contact details are shared, overlaps with existing data protection obligations. Employers should review their data governance arrangements and consider how they would handle a request to cascade union communications or facilitate online meetings.

Address surveillance and privacy risks. Employers with workplace surveillance systems should assess now whether these could inadvertently record access meetings and consider protocols for ensuring meeting privacy.

Be alive to the financial exposure. The graduated penalty framework represents a meaningful enforcement mechanism. Employers should therefore plan for compliance.

Third-party and multi-site considerations. Employers whose workers are based on premises controlled by a third party should be aware that they will be required to take reasonable steps to facilitate access and should consider a framework for making such requests.

The progress of the legislation:  The government’s target is for the new framework to come into effect by October 2026. Given that timeline, employers should monitor the Parliamentary progress of the statutory instruments, which will be laid alongside the final Code of Practice.

The new right of access framework is just one of the changes included in a significant amendment to trade union law. Employers who prepare early and engage constructively will be best placed to manage the transition smoothly and maintain positive industrial relations.