Trade Union Right of Access: Government publishes consultation outcome and draft Code of Practice

On 8th April 2026, the Government published its response to the consultation on trade union right of access. Alongside this response, a new consultation has been launched on the draft Code of Practice which provides the practical framework for how these new legal rights will operate.

Right of access
The core of the reform is the introduction of a statutory right for independent trade unions to access workplaces—both physically and digitally. This right is intended to come into force in October 2026 and will allow unions to access workplaces for the purposes of representation, support, recruitment, organisation and collective bargaining.  Under current laws, such access has largely been dependent on voluntary arrangements, leading to inconsistency across different sectors.

The new framework

The draft Code of Practice sets out that the new framework will operate as follows:

1. Voluntary agreement: parties should make every effort to agree access arrangements on a voluntary basis. Trade unions and employers that have already agreed access arrangements on a voluntary basis which are satisfactory to both parties should continue to operate in that way, without seeking to formalise the arrangement through the new statutory process.
2. Request for access: if voluntary agreement is not possible then the trade union may submit an access request to the employer. Single requests for access may include reference to various premises operated by a single employer.
3. Employer response: employers can take up to 15 working days to respond to a request for access. If the employer agrees, this should be made clear in the response, and the Central Arbitration Committee (CAC) should be notified. If the employer rejects the terms this should be made clear in the response, providing details of which elements it rejects.
4. Negotiation: if there is no agreement then the employer and union have 25 working days following the conclusion of the response period to negotiate the terms of an access agreement. If successful, the parties will jointly notify the CAC. Provisions regarding extensions are set out within the draft Code of Practice.
5. CAC decision making: if the negotiations are unsuccessful then either party can notify the CAC within 15 days following conclusion of the negotiation period (55 days after the request for access), which can be extended by the CAC by a further 15 days (to a total of 70 days after the access request). The CAC (usually a 3-member panel) will then determine what access should be granted and under what conditions.  Access requests determined by the CAC will last no longer than 2 years.

Key points:

Communication requirements: All access requests and responses must be made in writing, with email being the preferred method. The Government will provide standardised templates to ensure consistency and reduce the administrative burden on employers.

Notice periods: Unions are required to provide at least five working days' notice before a first access visit. For subsequent visits, the notice period set out within the ‘model terms’ for access agreements" is two working days, although employers and unions can agree to longer periods if necessary for the specific workplace.

Resource allocation: Employers are expected to take reasonable steps to facilitate access, such as providing existing meeting spaces or using existing digital channels. However, they are not required to make significant structural changes, such as constructing new facilities or implementing entirely new IT systems.

Exemptions
The Government recognised the potential impact on smaller employers, who may find it difficult to facilitate access in practice. As such, most employers with fewer than 21 workers are exempt from these statutory access provisions. However, beginning in 2027, a targeted adjustment will mean the size-based exemption does not apply to workplaces covered by national bargaining frameworks, such as adult social care and school support staff.

Enforcement and financial penalties
To ensure compliance, the Government is implementing a three-tier penalty framework for breaches of statutory access agreements:

• First breach: A fine of up to £75,000.
• Second breach: A fine of up to £150,000.
• Third and subsequent breaches: Fines of up to £500,000.
   

The CAC will determine the exact value of these fines by considering the gravity and duration of the breach, the size of the employer’s resources, and any history of non-compliance.

Next steps
The Government is currently seeking views on the draft Code of Practice, which will be a key source of guidance for negotiating and implementing access agreements. Employers and other stakeholders have until 11:59pm on 20th May 2026, to submit their feedback. You can view the draft Code of Practice and engage with the consultation here.

Comment

The new right of access reform seem to be more significant than it first appeared.  There is no membership threshold requirement before a trade union can make an access request, meaning that unions could request access in workplaces where they currently have little presence.  The compressed schedule for requesting, responding and negotiating access arrangements have been criticised and may cause practical difficulties.  

We will provide a detailed update in due course once the Regulations and final Code of Practice for these new access rights have been published, ahead of the proposed October 2026 start date.